New DelhiOne hour ago
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The Supreme Court acquitted the convict in a 20-year-old murder case. The court said that the artificial appearance of the witness could be a ground to doubt the credibility of his statement. Even in this case, the statement of the eyewitness that after seeing the murder of his friend, he went home in fear and went to sleep, is not to be believed.
The court also reprimanded the lower courts and said that unfortunately none of the lower courts have mentioned the basic principles of jurisprudence. Courts should avoid making such mistakes in future without reviewing the evidence, so that an innocent does not have to spend 20 years in jail.
first know what is the matter
In 2003, the Gujarat trial court sentenced Narendrabhai Keshubhai Jala to life imprisonment for the murder of a man named Ram. Which was upheld by the Gujarat High Court. After this, Narendra appealed in the Supreme Court, on which the court acquitted Narendra.
Nirav Bipinbhai Patel, a friend of the deceased Ram, claimed that he was an eyewitness to the incident. When both of them were sitting on the roadside when Narendra came on a bike with a man named Shailendra and shot Ram. Nirav had said that before shooting Narendra had asked Ram when he would return the loan.
Supreme Court said – Courts should avoid making mistakes
The trial court and the Gujarat HC relied on Nirav’s statement. But the Supreme Court said that Nirav’s testimony is not trustworthy. Because Nirav not only ran away from there, but he left his friend to die soaked in blood. He said that he was scared. When he told his uncle about the incident, he asked Nirav to go home and sleep. Next day Nirav went to Ram’s house and narrated the incident to Ram’s mother and sister.
Justice BR Gavai, Justice Vikram Nath and Justice Sanjay Karol’s bench said that the eyewitness is adult and sensible. 24 years old, runs a grocery shop. He is not illiterate. Despite this, he did nothing to save his friend. His statement is fabricated and not credible, especially that he went home and slept leaving his injured friend to die. His statement that he was scared is also not believable as the police station was only 4 minutes away from where the incident took place.
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