A division bench of Supreme Court granted benefit of doubt to petitioner since on same set of evidence co-accused was acquitted.
From Para 6.3,
6.3. He further submits that the trial court had committed a fundamental error in convicting the appellant on the one hand and acquitting the co-accused Lala Ram on the other hand. Evidence against both were the same. When on the same set of evidence the co-accused was acquitted, the trial court ought to have acquitted the appellant as well. This aspect was overlooked by the High Court. In support of his submission, learned counsel has placed reliance on a decision of this Court in Javed Shaukat Ali Qureshi Vs. State of Gujarat, (2023) 9 SCC 164.
From Para 33,
33. Thus, on a careful analysis of the evidence on record, we are of the view that the appellant should be given the benefit of doubt as according to us, the prosecution could not prove his guilt beyond all reasonable doubt. Any lingering doubt about the involvement of an accused in the crime he is accused of committing, must weigh on the mind of the court and in such a situation, the benefit of doubt must be given to the accused. This is more so when the co-accused is acquitted by the trial court on the same set of evidence.
Citations:
Other Sources:
Highlights:
FIR in 1982 and Conviction by Sessions Court in 1983.
Appeal in High Court filed in 1983 and Dismissed in 2018.
Criminal Appeal in Supreme Court filed in 2018 and Allowed in 2026.
Index of Quash Judgments is here.
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