HAKIM v. STATE OF NCT OF DELHI
Discusses principles for interference in appeals and evaluating evidence.
Court: Supreme Court of India
Citation: 2025 INSC 728
Decision Date: 19-05-2025
List of Laws
Indian Penal Code, 1860; Code of Criminal Procedure, 1973; Constitution of India, 1949
- Indian Penal Code, 1860: The judgment discusses Section 326A IPC, which pertains to voluntarily causing grievous hurt by use of acid, as the appellants were convicted under this section. The court examined arguments related to proving the ingredients of Section 326A, specifically whether the prosecution established that the eye injury was a result of acid pouring. The judgment also mentions Section 34 IPC (Acts done by several persons in furtherance of common intention) in conjunction with Section 326A. The court upheld the conviction under these sections for Accused No. 2, but reduced the sentence for Accused No. 1, considering his age and health.
- Code of Criminal Procedure, 1973: The judgment refers to Section 173 CrPC, concerning the police report upon completion of investigation. It also mentions Section 313 CrPC, regarding the examination of the accused, stating that the statements of the accused were recorded under this section. Section 428 CrPC, benefit of set-off, was applied to all accused. The court also discusses the non-following of Standard Operating Procedures by the Investigation Officer, clarifying that these are procedural guidelines and not mandatory.
- Constitution of India, 1949: The judgment refers to Article 136 of the Constitution of India, which deals with Special Leave to Appeal to the Supreme Court. The court discusses the principles governing interference in a criminal appeal by special leave, stating that it does not interfere with concurrent findings based solely on evidence appreciation unless there's legal or procedural error, misreading, or inconsistency in evidence. The court also refrains from re-evaluating credibility of witnesses.
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