Mobarak Khan
案件摘要- 司法管轄
- 國籍
- 印度人
- 案件標題
- Mofil Khan and Anr v. State of Jharkhand
- 作案時年齡組
- 成年人 (18至59歲)
- 性别
- 男性
- 犯罪時的宗教信仰
- 伊斯蘭教
- 弱勢 / 邊緣群體身份
- 少數群體: 宗教
- 司法轄區 - 地理定位
緯度: 20.5937
經度: 78.9629
- 司法轄區 - 地理定位 (已連結 案件摘要)
- 印度
- 瑞慈合作機構
- The Square Circle Clinic (印度)
- 該國最新死刑狀態
- 保留死刑
- 案件現狀
- 已結案: 減刑
- 判處死刑年份
- 2000s: 2007
- 執行方式
- 絞刑
- 死刑所涉罪名的性質
- 謀殺: 多名受害者
- 專家證據
- 法醫 / 醫學證據: DNA / 血清學 / 生物學
- 法醫 / 醫學證據: 屍檢 / 死後檢驗
- 案件背景 (最多300字)
The accused murdered three of his blood relatives. The key circumstances against the accused are: 3 eyewitnesses; indirect witnesses (confirming presence of eye-witnesses); FIR details matched testimonies of eyewitnesses; motive (property dispute); post-mortem report (injuries consistent with method of attack); serological report (inconclusive). The Trial Court found the accused to be guilty and awarded a death sentence on the same day. The High Court confirmed the sentence. The Supreme Court allowed the appeal but commuted the sentence to 30 years of rigorous imprisonment.
- 辯方意見 (最多200字)
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The defence argued that the prosecution's timeline is doubtful based on post-mortem report. -
The defence pointed out inconsistencies and unnatural behaviours in the testimonies of several witnesses, claiming their testimony cannot be relied upon. -
The defence argued that an adverse inference should be drawn from the prosecution witholding a witness whose statement was taken. 4. The serology report did not align with the prosecution's case and the axe was never confirmed to be the murder weapon by the witnesses -
The death penalty was awarded by the Trial Court on the same day as conviction, and hence no time was provided to present mitigating circumstances, hence death penalty should not be upheld.
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- 判决摘要 (最多200字)
The Supreme Court held that the prosecution had proven guilt beyond reasonable doubt and found: 1) Circumstantial Evidence: Since the prosecution's case is based on direct evidence, the failure to prove circumstantial evidence beyond reasonable doubt is immaterial. 2) Sentencing: The Court stated that the Trial Court and High Court did not adequately consider both mitigating and aggravating circumstances. The Supreme Court noted there exists a possibility of reform since it was the appellant's first offence and his behaviour in prison was satisfactory. Other Issues: Minor discrepancies or contradictions in the testimonies of eye-witnesses were not of such nature as to persuade the Court in disbelieving their testimonies entirely.
- 獲得法律代理的情況
- 第二次上訴階段: 公益律師
- 偵查前階段: 未知
- 審判階段: 未知
- 上訴階段: 未知
- 與罪名相關的立法
Code of Criminal Procedure, 1973 (CrPC) - Sections 161, 354(3), 366. Indian Evidence Act, 1872 - Section 27 Indian Penal Code 1860 (IPC) - Sections 201, 302, 506, 506B
- 司法判例
Pratap Singh & Ors. v State of Madhya Pradesh; Mohammad Ajmal Mohammad Amir Kasab & Ors. v. State of Maharashtra; Dayanidhi Bisoi v. State of Orissa; Mohd. Arif and Ors. vs. Registrar, Supreme Court of India & Ors; Krishnan and Ors. vs. State Rep. by Inspector of Police; R. Shaji vs. State of Kerala; Rammi and Ors. vs. State of Madhya Pradesh; Ravi vs. The State of Maharashtra; State of U.P. vs. Krishna Master and Ors.; Md. Mannan vs. State of Bihar; Bachan Singh vs. State of Punjab; Machhi Singh and Ors. vs. State of Punjab; Santosh Kumar Satishbhushan Bariyar and Ors. vs. State of Maharashtra; Rajendra Pralhadrao Wasnik vs. State of Maharashtra; Sangeet and Ors. vs. State of Haryana; Mofil Khan and Anr. v. The State of Jharkhand; Bachan Singh v. State of Punjab.
- 案件材料語言
- 英語