Case Note & Summary
The case involved an appeal by the sole accused convicted of murder under Section 302 of the Indian Penal Code, 1860, for killing Hidayat Hussain on a public street. The incident occurred on 28th June 1980, when the deceased was shot while going to a meat shop with his son, Aizaz. The prosecution's case relied heavily on the testimony of Aizaz, who was seven years old at the time of the incident. The trial court convicted the accused based on Aizaz's testimony and the High Court upheld this conviction. However, the Supreme Court found that the evidence presented by Aizaz was inconsistent, particularly regarding the location of the shooting. Aizaz initially stated that the shooting occurred at the meat shop, contradicting the prosecution's claim that it happened in front of another house. Furthermore, there were discrepancies regarding the timeline of police inquiries and the presence of witnesses. The court noted that the trial court and High Court did not adequately address these inconsistencies, which raised doubts about the reliability of Aizaz's testimony. The Supreme Court emphasized the need for a cautious approach when evaluating the evidence of child witnesses and concluded that the prosecution had not met its burden of proof. As a result, the court allowed the appeal, set aside the conviction, and directed the immediate release of the accused.
Headnote
A) Criminal Law - Murder - Benefit of Doubt - Indian Penal Code, 1860, Section 302 - The court found significant discrepancies in the evidence of the child witness, leading to reasonable doubt regarding his reliability. The trial court and High Court failed to critically appraise these discrepancies, resulting in a wrongful conviction. Held that the accused is entitled to benefit of doubt and the conviction was set aside (Paras 1-4).
Issue of Consideration
Whether the evidence of the child witness was reliable and sufficient to uphold the conviction under Section 302 IPC.
Final Decision
The Supreme Court allowed the appeal, set aside the conviction, and directed the release of the accused from prison.
Law Points
- Benefit of doubt
- reliability of child witness
- ocular evidence vs. medical evidence
- FIR promptness
- critical appraisal of evidence
