|Date of Judgment||05.01.2021|
|Court||Supreme Court of India|
|Case Type||CRIMINAL APPEAL NO.1256 OF 2017|
|Appellant||Hari Om @ Hero|
|Respondent||The State of U.P.|
|Bench||Uday Umesh Lalit, Hemant Gupta, S. Ravindra Bhat|
|Referred||Section 396, 412 I.P.C., Section 3(2)(v) of the SC/ST2 Act.|
FACTS OF THE CASE
Hari Om @ Hero was accused of robbery and murder. Three witnesses, including the victim’s father, identified Hari Om as the perpetrator. Hari Om was convicted and sentenced to death by the trial court. The High Court upheld the conviction and sentence.
Whether the evidence was sufficient to convict Hari Om of robbery and murder.
Hari Om argued that the witnesses were unreliable and that the prosecution had failed to prove beyond a reasonable doubt that he was guilty of the crimes.
The prosecution argued that the witnesses were credible and that their testimony was corroborated by other evidence, such as the recovery of the stolen goods from Hari Om’s house.
The court allowed the appeal.
The Supreme Court acquitted Hari Om of all charges. The Court found that the witnesses were not credible and that the prosecution had failed to prove beyond a reasonable doubt that Hari Om was guilty of the crimes.
The Court noted that the witnesses had contradicted themselves on a number of points and that their testimony was not supported by other evidence. For example, the victim’s father had claimed that he had seen Hari Om shoot his son, but the victim had not been shot.
The Court also noted that the police had not conducted a proper investigation. For example, the police did not take fingerprints from the crime scene. The prosecution must prove the defendant’s guilt beyond a reasonable doubt, and if the prosecution fails to do so, the defendant must be acquitted.
This Article is written by Anirudh Modi of Maharishi University of Information Technology, Noida, Uttar Pradesh, an intern at Legal Vidhya.
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