Surendra Koli v. State of Uttar Pradesh 2025 INSC 1308 - Curative Jurisdiction - S.27 Evidence Act

Indian Evidence Act 1872 - Section 27 - Once the disclosure is not contemporaneously proved, once prior knowledge is established, and once contradictions infect the record, Section 27 of the Evidence Act ceases to operate. When the evidence showed that the police and members of the public already knew that bones and articles lay in the open strip and that excavation had begun before the accused arrived, such features negate the essential element of discovery by the accused and reduce the exercise to a seizure from an already known place. (Para 12)

Curative Jurisdiction -A curative petition is not a second review. Finality remains the rule and intervention is reserved only for very strong reasons that strike at the legitimacy of the adjudicatory process. The court has stated that only certain foundational circumstances demand relief as a matter of justice. One is a violation of natural justice where a person is adversely affected without being heard or without proper notice. Another is a case where a Judge failed to disclose a connection with the subject matter or with a party which gives rise to a reasonable apprehension of bias. The instances are illustrative and not exhaustive. The controlling test is whether the earlier decision produces a result that offends the conscience of this Court because of a fundamental defect in process or because of a grave miscarriage of justice. Such defects may appear where outcomes are irreconcilably inconsistent on the same substratum of facts and evidence or where material circumstances bearing on fairness and reliability were overlooked or where the guarantees of equality and due process under Articles 14 and 21 of the Constitution stand compromised. Even when leave to proceed is granted, the inquiry remains narrow. This Court does not sit in appeal over its own final judgment and does not reappraise evidence as if in a second appeal. The question is whether intervention is necessary to vindicate the rule of law and to restore confidence in the administration of justice. (Para 3-4)

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Why Supreme Court acquitted Nithari Serial Killings’ prime suspect Surinder Koli in sole remaining case? . . . . . [Nithari, Supreme Court, Supreme Court of India’, Evidence, Acquittal] #supremecourt #legal #LawNews #LegalUpdates #AllahabadHighCourt #TrendingReels #LegalNews #SupremeCourtOfIndia #Evidence #Acquittal #UttarPradesh #Crime #Law #Advocates #Lawyers #Lawstudents #Kanoon #lawinternship #SupremeCourt #supremecourtindia | Sparsh Upadhyay

Why Supreme Court acquitted Nithari Serial Killings’ prime suspect Surinder Koli in sole remaining case? . . . . . [Nithari, Supreme Court, Supreme Court of India’, Evidence, Acquittal]…

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