Landmark Judgment by the Hono. Supreme Court of India, Dr. Anthony Raju Advocate, Supreme Court

In Hari Om @ Hero v. State of UP, convictions were challenged due to lack of evidence. Distinguishing the case from Suryanarayana (2019) 4 SCC 522, the Court held that in the present case, while there was evidence that the accused would be naturally available inside the house where the crime had occurred, the testimony of the witness showed glaring inconsistencies on whether he had witnessed the incident and thus the testimony of the child witness, who was 5 years old when the incident had occurred, was not free of doubts and defects. Moreover, of the 3 features which could be put against the accused, the testimony of the child was unreliable. The Court also held that it is difficult to rely on lifted fingerprints when there was nothing on record regarding the competence of the police officer doing it and that the sole fact that the fingerprints of the accused were present on an object was not satisfactory to sustain a finding of guilt. [Key Words: Sections 396, 412 IPC, Section 3(2)(v) of SCST (Prevention of Atrocities Act) 1989, Section 25 Arms Act 1959, Death sentence, testimony of child witness – when may be discounted], finger print evidence, Prakash v State of Karnataka (2014) 12 SCC 133[Coram: UU Lalit, J., Indu Malhotra, J., Krishna Murari, J.]

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