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Supreme Court of India· 18 September 2026

Can identification of an assailant be relied upon where it rests only on the sound of assault on a pitch-dark night?

KARTIKA @ KIRTAN @ v. THE STATE OF ODISHA
2026 INSC 1015
Coram: Justice M.M. Sundresh · Justice Prasanna B. Varale
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Answer

Identification of an assailant cannot be relied upon where it rests only on the sound of assault on a pitch-dark night.

No. Identification of an assailant cannot be relied upon where it rests only on the sound of assault on a pitch-dark night. Where only the accused carried the torch light, the witnesses would have been partially blinded by it and could not have identified anybody by it. The High Court's own finding that the witnesses could not have witnessed the incident on a pitch-dark night or identified the assailants merely from the sound of the assault was upheld.

Headnote

Indian Penal Code, 1860 — s.302 — s.149 — Murder — Circumstantial evidence — Eyewitness identification — Benefit of doubt — Evidence Act, 1872 — Night-time eyewitness identification — Held: Identification of an assailant cannot be relied upon where it rests only on the sound of assault on a pitch-dark night. Where only the accused carried the torch light, the witnesses could not have identified anybody by it. (¶19, 21) Evidence Act, 1872 — Circumstantial evidence — Panchsutra test — Held further: A conviction on circumstantial evidence must rest on a complete chain of circumstances excluding every hypothesis except the guilt of the accused. Each circumstance must be fully established, consistent only with the hypothesis of guilt, and of a conclusive nature. (¶23) Evidence Act, 1872 — Circumstantial evidence — Individual proof of each circumstance — Held further: Each circumstance relied on in a case resting on circumstantial evidence must be proved individually before the circumstances can collectively point to the guilt of the accused. The circumstance of identification, once discarded, cannot be treated as proved. (¶31, 32) Criminal jurisprudence — Benefit of doubt — Two reasonable views — Held further: Where two views are reasonably possible on the evidence, criminal jurisprudence requires the view favourable to the accused to prevail. The prosecution having failed to establish a complete chain, the appellants are entitled to the benefit of doubt; appeals allowed. (¶33, 34, 35)

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In the Court's own words
Paragraph 18Further, referring to the testimonies of other eye-witnesses it is evident that the incident took place in a pitch dark night. The question which arises before us is whether it was possible for the eyewitnesses to have witnessed the incident in a dark night from a distance of 60 cubits. In this regard, it is apposite to refer to the decision of the Supreme Court in State of U.P. v. Ashok Kumar[^1],. In that case, the Supreme Court found the testimony of the alleged eye-witnesses to be unreliable, holding that it was improbable for them to have identified the accused even in moonlight. The relevant extract reads as follows:
Paragraph 19Though in the above referred case of Ashok Kumar (supra), the source of light was at least moonlight but in the present case, the testimony of witnesses clearly show that it was a pitch dark night and the source of light was provided by the accused themselves i.e. the torch light to identify the deceased. Considering this very aspect, a categorical finding was recorded by the High Court that it was not possible for the prosecution witnesses to have witnessed the incident on a pitch dark night or to identify the assailants merely on the basis of sound of the assault. The testimony of the alleged witness cannot be relied upon.
Paragraph 20Further, the testimony of PW-4 reveals that the accused persons focused the torch light to identify the deceased. On this it is important to refer to Tamilselvan v. State[^2], which held that:
Paragraph 21In view of the aforesaid decisions and the categorical finding recorded by the High Court that it was not possible for the prosecution witnesses to have witnessed the incident on a pitch-dark night or to identify the assailants merely on the basis of the sound of the assault, the testimony of the alleged eye-witnesses cannot be relied upon.
Acts & Sections
s.302 Indian Penal Code, 1860s.149 Indian Penal Code, 1860s.148 Indian Penal Code, 1860s.506 Indian Penal Code, 1860

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Also decided in this judgment
Must a conviction on circumstantial evidence rest on a complete chain of circumstances excluding every hypothesis except the guilt of the accused?Must each circumstance in a case of circumstantial evidence be proved individually before circumstances can collectively prove guilt?Does the view favourable to the accused prevail in criminal jurisprudence where two views are reasonably possible on the evidence?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections