In the Supreme Court of India, a case involving the alleged murder of an individual was reviewed. The Trial Court and High Court had both acquitted the accused based on various reasons including a perceived lack of evidence, witness hostility, and procedural lapses. However, the Supreme Court identified several issues in the case and addressed them comprehensively.

The Supreme Court highlighted the importance of a fair trial and unbiased investigation. It criticized the conduct of the Public Prosecutor, the Police, and the Trial Court for failing to ensure a just trial. The Court emphasized the need to protect witnesses and ensure that they speak the truth without fear or pressure.

Regarding the admissibility of evidence, the Court discussed the concept of taking judicial notice and the significance of a dying declaration. It ruled that a First Information Report (FIR) can be treated as a public document and considered reliable evidence. The Court upheld the importance of assessing the credibility of witnesses, emphasizing that their statements should be coherent and consistent. It recognized the power of the Court to summon additional witnesses or evidence when necessary.

Ultimately, the Supreme Court concluded that the accused had been acquitted unjustly due to procedural lapses, witness hostility, and the mishandling of evidence. It overturned the acquittal and ordered a fresh trial, underscoring the importance of a thorough and unbiased investigation, a fair trial process, and the admissibility of relevant evidence.

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HARENDRA RAI …APPELLANT(S)
VERSUS
THE STATE OF BIHAR & ORS. …RESPONDENT(S)
decided by the Supreme Court of India on August 18, 2023.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.