Baljinder Kumar @ Kala vs State Of Punjab 2025 INSC 856 - S.106 Evidence Act- Alternative Plausible Explanation - Death Penalty Acquittal
We make notes on all Supreme Court judgments for our subscribers’ community consisting of judges, lawyers and students of law and share it in this website. If you want to access them, you can join the community which costs you just ₹2 per day.
Indian Evidence Act 1860 - Section 106 - Merely lack of an alternative plausible explanation to the incident cannot serve as enough evidence in itself to send a man to the gallows, whose guilt otherwise remains unestablished- Section 106 of the Evidence Act cannot be employ against the accused in a detrimental manner in the absence of any foundational facts, shall lead to a severe and unwarranted application of the provision.(Para 38-39) [Context: Supreme Court acquits man who was sentenced to death in murder case]
Evidence - Witness Testimony Contradiction - Only such omissions which amount to contradiction in material particulars can be used to discredit the testimony of the witness. Whereas contradiction in the statement of the witness is fatal for the case, minor discrepancy or variance in evidence will not make the prosecution’s case doubtful. Material discrepancies are those which are not normal and not expected of a normal person. Moreover, when witness testimonies exhibit significant contradictions between their initial statements and trial depositions, they cannot be relied upon unless independently corroborated. (Para 30)
"Merely lack of an alternative plausible explanation to the incident cannot serve as enough evidence in itself to send a man to the gallows, whose guilt otherwise remains unestablished."#SupremeCourtofIndia while acquitting a murder accused who was earlier sentenced to death… https://t.co/ABD4f4N93R pic.twitter.com/QYCqttas5I
— CiteCase 🇮🇳 (@CiteCase) July 21, 2025
A man was sentenced to death for murdering his two kids and others.
— CiteCase 🇮🇳 (@CiteCase) July 21, 2025
After eleven years in jail, #SupremeCourt orders his release by acquitting him and observed this: https://t.co/ABD4f4N93R pic.twitter.com/9reM08GoLo
