Supreme Court sets aside murder conviction, citing child witness testimony flaws

The core issue is whether the High Court was justified in reversing the Trial Court's acquittal based primarily on the testimony of a child witness.

Who it concerns: Appellant: Ravi Kumar Singh Malhotra; Respondent: The State of Madhya Pradesh; Bench: Justice Augustine George Masih.

What the court decided

• The Court set aside the judgment and order of the High Court of Madhya Pradesh.
• The Court held that the High Court failed to meet the threshold for interfering with an acquittal, as the Trial Court's view was plausible.
• The Court found the testimony of the child witness (PW-28) unreliable due to contradictions, allegations of tutoring, and lack of corroboration.
• The Court ruled that the appellant's conduct (absconding/explanation) did not establish guilt beyond reasonable doubt when viewed in isolation from the weak primary evidence.

Also in the document

• The judgment is marked as 'NON-REPORTABLE'.
• The Court applied the principle of 'double presumption of innocence' favoring the accused in appeals against acquittal.
• The Court noted that the child witness was 4.5 years old at the time of the incident and the testimony was recorded 4 years later.
• The Court cited medical evidence that falsified the child's claim of being strangled and burned with acid.