AIR 2001 SUPREME COURT 4024 ::2001 AIR SCW 4010 ::2001 AIR - Jhar. H. C. R. 511 ::(2001) 4 CurCriR 113 ::(2001) 3 AllCriR 2693 ::2002 CriLR(SC&MP) 541 ::2001 (8) SCC 690 ::2002 SCC(Cri) 90 ::2001 (4) RecCriR 445 ::(2001) 7 Scale 56 ::2002 CriLR(SC MAH GUJ) 541 ::2002 (1) AndhLT(Cri) 99 SC ::(2002) 1 AndhLT(Cri) 99 ::(2001) 4 AllCriLR 340 ::(2002) 1 Cg LJ 415 ::(2002) 1 EastCriC 159 ::(2002) 1 JCR 326 (SC) ::2001 (4) PatLJR 203 ::2002 (1) RajCriC 7 ::(2001) 4 SCJ 567 ::2001 (4) LRI 4 ::2002 (1) UC 34 ::2001 (7) Supreme 802 ::(2001) 43 AllCriC 667 ::(2002) 3 CgLJ 415 ::2001 All MR(CRI) 2158 ::2001 (43) AllCriC 970 ::(2002) SC Cr R 526 ::(2001) 8 JT 386 (SC)

Supreme Court Of India

(From : Patna) *

Hon'ble Judge(s): K. T. Thomas, S. N. Variava , JJ

Evidence Act (1 of 1872) , S.9— Penal Code (45 of 1860) , S.302, S.149— Criminal assault - Identification evidence - Large number of accused participated in incident - Two-witness theory can be adopted - Benefit of doubt given to accused who had not been identified by more than one witness - Conviction of other accused persons who were identified by two witnesses, maintained - Moreso, when presence of these two witnesses on scene cannot be denied - And there is no reason why they should falsely implicate accused - And all the accused were known to these witnesses - Plea of juvenility being mixed question of law and fact and not raised before trial Court or High Court or in SLP - Plea cannot be permitted to be raised for first time in criminal appeal before Supreme Court. (Para 11 12 13) .....