New Delhi, July 6 The Supreme Court, while dismissing an appeal against conviction and life-term of a murder accused, cited popular fictional detective Sherlock Homes.
A bench of bench of Justices R.F. Nariman, K.M. Joseph and B.R. Gavai, in its order passed on Monday, said: "We find no ground to interfere with the impugned order passed by the High Court. The Special Leave Petition is, accordingly, dismissed. Pending interlocutory application(s), if any, is/are disposed of."
During the hearing, advocate Pijush Kanti Roy, amicus curiae in the matter, submitted the offence took place at a dark and isolated place at night and it wasn't possible for the four eye witnesses in the case to clearly see the face of the petitioner.
At this juncture, Justice Nariman said: "It's like Sherlock Holmes telling Dr Watson, 'you see, but you do not observe'," and declined to entertain the contention of the amicus.
In the appeal, the accused had contended that he was falsely implicated in the case and no murder case was made out against him.
The amicus submitted his only contention is that an innocent should not get punished for the offence. The bench cited the findings of the trial court, which were upheld by the High Court that eye witnesses have seen the face of the accused in the light of the headlight of a motorcycle.
The bench told Roy: "You are flogging a dead horse". It further told Roy that he has done his duty of amicus curiae, and there is a clear-cut finding.
The top court order came on an appeal filed by Mukesh, who is currently lodged in Jaipur Jail, challenging the Rajasthan High Court's April 5, 2019 order junking his plea challenging the conviction and life sentence handed down to him by the trial court for murder of fellow villager Gopal Lal on July 18, 2012.
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