AIROnline 2024 SC 249

Supreme Court Of India

(From : AIROnline 2022 MP 1185)

Hon'ble Judge(s): B. R. Gavai, Sandeep Mehta , JJ

Penal Code (45 of 1860) , S.394, S.397— Evidence Act (1 of 1872) , S.3, S.27— Robbery with attempt to cause grievous hurt - Appreciation of evidence - Accused allegedly assaulted complainant with knife and snatched her ornaments - Prosecution failed to prove disclosure made by accused to IO leading to recovery of ornaments allegedly looted by accused from complainant - Prosecution did not lead any evidence to show that recovered articles were sealed at time of recovery or that they were kept secure in malkhana of Police Station till same were subjected to identification before Executive Magistrate - Executive Magistrate was not examined - Complainant admitted in her cross examination that she could recognise ornaments in test identification proceedings upon being pointed out by police officials - Recovery of ornaments at instance of accused and identification thereof could not be relied upon - No other evidence was led by prosecution to connect accused with crime - Conviction was set aside. AIROnline 2022 MP 1185-ReversedAIR 2022 SC 5273-Relied on (Para 14 15 16) .....