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of <h1>Supreme Court Upholds Acquittal in Railway Act Abetment Case</h1> <h3>State of Madhya Pradesh Versus Mukesh & Ors</h3> State of Madhya Pradesh Versus Mukesh & Ors - TMI Issues involved:The issues involved in the legal judgment include abetment in the commission of an offense under Section 143(2) of the Railway Act, 1989, circumstantial evidence, examination of accused under Section 313 of the Code of Criminal Procedure, the definition of abetment under Section 107 of the Indian Penal Code, admissibility of co-accused's statement under Section 30 of the Indian Evidence Act, and the requirements of a judgment of acquittal.Abetment in the Commission of an Offense:The Respondents were charged under Section 143(2) of the Railway Act, 1989, for allegedly abetting in the commission of an offense. The prosecution contended that the Respondents must have abetted the main accused, Suresh Shah, in the illegal sale of railway tickets based on circumstantial evidence. The High Court allowed the revision application, leading to the appeal before the Supreme Court.Circumstantial Evidence and Defense:The prosecution relied on circumstantial evidence to establish the guilt of the Respondents. It was argued that the timing and volume of ticket issuances indicated the involvement of the Respondents in the illegal activity. The defense did not raise any specific defense, and it was claimed that the Respondents were not asked about the circumstantial evidence during their examination under Section 313 of the Code of Criminal Procedure.Definition of Abetment and Legal Provisions:The legal provisions relevant to abetment, as per Section 107 of the Indian Penal Code, were considered in the judgment. The court analyzed the elements of abetment, emphasizing that intentional aiding to facilitate the commission of a crime constitutes abetment. The prosecution failed to establish that the Respondents intentionally aided Suresh Shah in committing the offense under Section 143(1) of the Railways Act.Examination of Accused and Judgment of Acquittal:The judgment highlighted the examination of the accused under Section 313 of the Code of Criminal Procedure. It was noted that the questions asked to all accused persons were similar, which did not fulfill the requirements of the legal provision. Despite certain observations on the examination process, the High Court's judgment of acquittal was upheld by the Supreme Court, emphasizing that if two views are possible, interference is not warranted.Admissibility of Co-Accused's Statement:The prosecution's case was primarily based on the confession of Suresh Shah, the main accused. However, the statement of a co-accused is admissible only under Section 30 of the Indian Evidence Act if corroborated by independent evidence. The prosecution failed to provide independent evidence corroborating the confession to establish the guilt of the Respondents.Conclusion:Ultimately, the Supreme Court dismissed the appeal, upholding the judgment of acquittal by the High Court. The Court emphasized that if two views are possible, interference is not justified. The State failed to demonstrate any legal flaw in the High Court's decision, leading to the dismissal of the appeal.
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