Mr. Counsel, the trial court and High Court concurrently found that the appellant was the same as 'Sri'. Both Courts relied on the testimony of PW-8 and PW-9. Why should this Court interfere with concurrent findings of fact?

My Lord, the concurrent findings of fact are not binding on this Court when they are based on a misappreciation of evidence. The trial court and the High Court failed to appreciate that PW-8 and PW-9 were themselves illegally staying in India on forged documents, had procured Aadhaar, PAN, and voter cards without citizenship, and had knowingly sheltered the main accused without informing the police. Their testimony is inherently unreliable. More importantly, both witnesses admitted that they had not mentioned the name 'Ranjan' in earlier proceedings. This is not a mere delay in examination — it is a material improvement. This Court has consistently held that such improvements are fatal to credibility. Moreover, the landlady and neighbours who allegedly corroborated the prosecution actually undermined it — they knew the appellant only as 'Ranjan', not 'Sri'. The concurrent findings are perverse and warrant interference.

The High Court relied on Abuthagir to hold that belated disclosure is not fatal. Why is that principle not applicable here?

My Lord, Abuthagir deals with delay in examination of witnesses during investigation. That is a different situation — where a witness is examined late but his testimony is otherwise consistent. Here, the witnesses were examined in earlier trials (S.C. No. 7 of 2016 and S.C. No. 15 of 2016) and they did not mention the name 'Ranjan' at all. In the present trial, they suddenly introduced 'Ranjan' as an alias. This is not delay; it is a material improvement. The principle of Abuthagir cannot be extended to cover a situation where a witness, after having ample opportunity to state a fact in earlier proceedings, introduces it for the first time in a later trial. Such improvements have a debilitating effect on credibility.

The I.O. explained that 'Sri' was an honorific name given to the appellant within the LTTE movement, and that he used 'Ranjan' as an alias to conceal his identity after the organisation was banned. Why is that explanation not acceptable?

My Lord, the I.O.'s explanation is self-serving and unsupported by any evidence. There is no contemporaneous document — no FIR, no charge-sheet, no police record — that mentions 'Ranjan' as an alias of 'Sri' before the appellant's arrest in 2021. The I.O. himself admitted in cross-examination that only the name 'Sri' appears in the earlier proceedings and that the name 'Ranjan' does not find mention anywhere in the investigation records. The explanation that 'Sri' was an honorific name was invented after the appellant's arrest to justify his implication. More importantly, the appellant's conduct — openly residing at a registered address, applying to the Swiss Embassy for a visa — is wholly inconsistent with someone trying to conceal his identity. If he was trying to conceal his identity, why would he register as a refugee with the police? Why would he apply to the Swiss Embassy for a visa using his real name 'Ranjan'? The explanation defies logic.

The appellant has been in custody for nearly four years. Even if there is a doubt on identity, is it not appropriate to uphold the conviction given the seriousness of the allegations under the UAP Act?

My Lord, the seriousness of the allegations cannot lower the standard of proof. The prosecution must prove its case beyond reasonable doubt, regardless of the statute. The UAP Act is a stringent law, but it does not absolve the prosecution of its burden. In this case, the identity of the appellant is the cornerstone of the prosecution's case. If that is doubtful, the conviction cannot stand. The appellant has maintained from the very beginning that he is not the person known as 'Sri'. The prosecution has failed to adduce reliable evidence to prove otherwise. The appellant has already served nearly four years of incarceration for a crime he did not commit. The interests of justice require that he be acquitted and released forthwith.

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Mistaken Identity: Appellant Not the Accused 'Sri' — (2026) INSC 516

The appellant, a Sri Lankan national residing openly in Trichy under the name 'Ranjan', has been falsely implicated as the absconding accused 'Sri' (A-5).

Sri v. State Rep. by Inspector of Police, Q Branch, Ramanathapuram, Tamil Nadu — (2026) INSC 516

Core Argument

The appellant, a Sri Lankan national residing openly in Trichy under the name 'Ranjan', has been falsely implicated as the absconding accused 'Sri' (A-5). The prosecution's sole witnesses are themselves illegally staying in India on forged documents; they introduced the name 'Ranjan' as an alias for the first time in this trial after being silent in earlier proceedings. No TIP was conducted. The appellant's conduct — open residence, registration with police, applying for Swiss visa — is inconsistent with being an absconding accused.

Key Precedents

Vishwanatha v. State of Karnataka 2024 INSC 482 — Held that where identity of the accused is not known and TIP has not been conducted, the court must examine whether there was any description of the accused in the FIR or in statements recorded during investigation; absence thereof makes conviction unsafe.
Abuthagir v. State (2009) 17 SCC 208 — Distinguished: the principle that belated disclosure does not discard testimony applies to delay in examination of witnesses, not to material improvements after earlier depositions were silent.

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