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“The minor contradictions were insufficient to discredit the entire Prosecution’s case, The Supreme Court upheld a conviction in a Murder case spanning four decades”

Case title: Ramvir @ Saket Singh vs. The State of Madhya Pradesh

Case no.: Criminal Appeal No(s). 1258 of 2010

Order on: 16th April 2024

Quorum: Justice B.R. Gavai and Justice Sandeep Mehta

FACTS OF THE CASE

The case involves the appeal filed by Ramvir @ Saket Singh (referred to as the appellant) against the judgment dated 27th July 2007 passed by the Division Bench of the High Court of Madhya Pradesh at Gwalior. The High Court had dismissed the appellant’s appeal against the judgment and order dated 9th November 1998 passed by the Vth Upper Sessions Judge, Bhind, Madhya Pradesh (referred to as the trial Court) in Session Case No. 70 of 1987. The trial court had convicted and sentenced the appellant for the murder of Kaptan Singh and the attempted murder of Indal Singh (PW-12).

The incidents in question occurred on 10th November 1985 in village Bhajai, District Bhind, Madhya Pradesh. The appellant was tried for the murders of Kaptan Singh and Kalyan Singh in two separate incidents, and for the attempted murder of Indal Singh in the incident where Kaptan Singh was killed.

CONTENTIONS OF THE APPELLANT

The appellants, through their counsel, vehemently denied the charges, claiming that the entire prosecution case was fabricated. They argued that the fatal injuries sustained by two members of their party were not adequately explained by the prosecution witnesses, casting doubt on the reliability of the entire case.

The appellants sought to benefit from the principle of ‘benefit of doubt,’ contending that inconsistencies in the prosecution’s narrative, coupled with the acquittal of the complainant party in a related case, warranted acquittal for the appellant.

The defense counsel challenged the credibility of key prosecution witnesses, alleging bias due to their close relationship with the deceased. They argued that the testimonies lacked corroboration and should not be accepted as sole evidence.

CONTENTIONS OF THE RESPONDENTS

The prosecution vehemently contended that the case against the appellant was neither false nor fabricated. They argued that the eyewitness testimonies, particularly that of Indal Singh, provided a consistent narrative of the events leading to the crimes. The prosecution stressed that the testimonies were credible and trustworthy, backed by medical evidence and circumstantial details. The respondent refuted the appellant’s claim that the complainant party were the aggressors. They cited the outcome of a related cross-case, where members of the appellant’s party were found to be the aggressors, leading to the deaths of two individuals. This, the prosecution argued, established the pattern of violence initiated by the appellant’s side.

The prosecution highlighted the absence of injuries on the appellant despite the alleged crossfire, suggesting discrepancies in the appellant’s version of events. They argued that the evidence presented, including the testimony of witnesses and medical reports, collectively pointed towards the guilt of the appellant.

LEGAL PROVISIONS

Section 302 of the IPC prescribes the Punishment for Murder: Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine.

Section 307 of the IPC prescribes Punishment for attempt to Murder: The punishment can extend up to 10 years and in case the victim is hurt, then the maximum punishment is imprisonment for life.

ISSUE

  • Whether the prosecution’s case is based on false and fabricated evidence.
  • Whether the appellant can be acquitted based on the right of private defence.
  • Whether the witnesses for the prosecution are reliable.

COURT’S ANALYSIS AND JUDGEMENT

The Supreme Court meticulously analyzed the evidence and submissions presented before it. It noted the convictions in the cross-case involving members of the complainant party but highlighted that the High Court had acquitted them, affirming that the accused party was the aggressor.

The Court observed the testimony of eyewitnesses, especially Indal Singh (PW-12) and Raj Kumari (PW-7), as crucial. Despite being closely related to the deceased, their credibility was upheld, given the gravity of the incident. Their consistent testimony, corroborated by medical evidence, substantiated the prosecution’s case.

Additionally, the Court dismissed trivial contradictions raised by the defense, emphasizing the reliability of the prosecution’s evidence.

The Supreme Court upheld the judgments of the trial court and the High Court, dismissing the appeal for lack of merit. It affirmed the conviction of the appellant, Ramvir @ Saket Singh, under Sections 302 and 307 IPC for the murder of Kaptan Singh and the attempted murder of Indal Singh. The Court’s thorough analysis and adherence to legal principles underscored the importance of reliable evidence in criminal proceedings.

In summary, the case exemplifies the judiciary’s commitment to justice through meticulous examination of facts and evidence, ensuring fair trial and upholding the rule of law.

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Judgement Reviewed by – Chiraag K A

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The statement of an accused under Section 313 CrPC should not be considered as an evidence: Supreme Court

Case title: Darshan Singh vs State of Punjab

Case no.: Criminal Appeal No. 163 of 2010

Decided on: 04.01.2024

Quorum: Hon’ble Justice B.R. Gavai, Hon’ble Justice Pamidighantam Sri Narasimha, Hon’ble Justice Arvind Kumar.

FACTS OF THE CASE:

This special leave appeal is based on the High Court of Punjab and Haryana’s judgement and order dated July 23, 2009, in Criminal Appeal No.593-DB of 2000.

The deceased, Amrik Kaur, married the appellant, Darshan Singh, sometime in 1988. Melo Kaur, the deceased’s cousin sister, helped arrange the marriage. The prosecution claims that Darshan Singh’s illicit partnership with Rani Kaur (A2) strained their marital relationship. Several relatives had urged the appellant to end his relationship with Rani Kaur, but to no avail. Darshan Singh and Rani Kaur allegedly had an illicit relationship for at least three years prior to the fateful day. The prosecution claims that on the intervening night of May 18, 1999, and May 19, 1999, Darshan Singh and Rani Kaur administered poison and intentionally caused Amrik Kaur’s death.

Darshan Singh and Rani Kaur were charged with violating Section 302 of the IPC in conjunction with Section 34. The Trial Court convicted both of the accused for the offence under Section 302 r/w Section 34 and sentenced them to life in prison. In the appeal, the High Court agreed with the Trial Court’s findings in relation to the appellant and acquitted Rani Kaur by giving her the benefit of the doubt.

ISSUES:

  1. What is the standard of proof to be met by an accused in support of his defence?
  2. If circumstantial evidence is the only basis for a conviction, what standards should be applied when assessing it?

LEGAL PROVISIONS:

The court convicted the accused to life imprisonment under Section 302 r/w 34 IPC. The crime of murder is covered in Section 300 of the Indian Penal Code 1860. Section 302 of the Code, however, stipulates the punishment for the offender. This Section states that a murderer will either receive life in prison or the death penalty in addition to a fine.

Section 34 of the IPC defines the acts committed by several people in furtherance of a common intention. The section states that “when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons shall be liable for that act in the same manner as if it were done by him alone.”

COURT ANALYSIS AND JUDGMENT:

According to the court ruling on circumstantial evidence, the court cited the case of Bhimsingh Vs. State of Uttarakhand, (2015) 4 SCC 281 which held that a case involving circumstantial evidence typically follows this pattern: the circumstances from which the accused’s guilt is to be inferred must be persuasively and firmly established, they must have a clear tendency that unmistakably points to the accused’s guilt, and when the circumstances are considered cumulatively, they should form a chain so complete that there is no way out of the conclusion. According to the prosecution’s case, the illicit relationship between Darshan Singh and Rani Kaur was the primary motivation for them to collaborate in the murder of the deceased. The testimony of witnesses provides sufficient evidence that they were in an illicit relationship. As a result, the situation has been clearly established.

When dealing with Melo Kaur’s illiteracy, the court ruled that the appreciation of evidence presented by such a witness must be treated differently than that of other witnesses. It cannot be subjected to a highly technical investigation, and undue emphasis should not be placed on imprecise details revealed in the evidence. If the deposition contains minor contradictions or inconsistencies, the testimony of a rustic/illiterate witness should not be ignored.

However, Melo kaur’s testimony suffers from more than just technical flaws; there are glaring omissions and improvements revealed during cross-examination that cannot be attributed to the individual deposition’s illiteracy. Minor contradictions and inconsistencies could have been overlooked because the recollection of exact details about location and time can be attributed to illiteracy, which is not the case here.

When discussing the standard of proof under Section 313 of the Crpc, the court cited the case of Pramila vs State of Uttar Pradesh 2021 SCC OnLine SC 711 in which the court ruled that the standard of proof that an accused must meet in support of his defence under Section 313 of Code of Criminal Procedure is not beyond all reasonable doubt, and thus the prosecution bears the burden of proving the charge. The accused only needs to raise a question, and it is up to the prosecution to prove beyond a reasonable doubt that the accused will not benefit from the situation.

The statement of an accused under Section 313 CrPC is not ‘evidence’ because, first, it is not under oath, and second, the other party, i.e. the prosecution, does not have the opportunity to cross-examine the accused.

The learned counsel for the respondent-State has argued that no specific plea of alibi was made in the appellant’s statement recorded under Section 313 CrPC. Indeed, it is claimed that there is an implicit admission of his presence in the house. It is well established that an accused’s statement under Section 313 CrPC is not ‘evidence’ because, first, it is not under oath, and second, the other party, i.e. the prosecution, is not given the opportunity to cross-examine the accused. It is well established law that a statement recorded under Section 313 CrPC cannot be used as the sole basis for conviction. As a result, the appellant’s presence cannot be determined solely based on his statement, despite the lack of independent evidence presented by the prosecution.

Finally, the court ruled that we do not need to consider the evidence relating to other circumstances sought to be proved by the prosecution because failure to prove a single circumstance convincingly can cause a break in the chain of circumstances. There cannot be a gap in the chain of events. When a conviction is based solely on circumstantial evidence, there should be no break in the chain of events. If the chain snaps, the accused has the benefit of the doubt. If some of the events in the chain can be explained by another reasonable hypothesis, then the accused is also entitled to the benefit of the doubt. As a result, the court allowed this appeal and set aside the lower court’s concurrent findings of conviction.

 

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Written by – Surya Venkata Sujith

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The Appellate courts should be cautious when intervening into convictions of lower courts: Supreme Court

Case title: Jitendra Kumar Mishra @ Jittu vs State of Madhya Pradesh

Case no.: Criminal Appeal No. 1348 of 2011

Decided on: 05.01.2024

Quorum: Hon’ble Justice Abhay S. Oka, Hon’ble Justice Pankaj Mithal.

 FACTS OF THE CASE:

Four individuals, Amit Mishra, Jitendra Kumar Mishra, Banti Isai, and Ajayya, were sentenced to life in prison under Section 302 r/w 34 IPC in a judgement and order dated September 15, 2008, by the 13th Additional Session Judge (Fast Track), Jabalpur, M.P. The fine for each of the four was Rs. 5,000. If the fine was not paid, the inmates would have to serve an additional six months of rigorous imprisonment.

Amit Mishra, Jitendra Kumar Mishra, and Banti Isai and Ajayya filed appeals, and all three of them succeeded in having the conviction and sentence from the Session Trial upheld. The appeals were both dismissed by the High Court.

The conviction of the appellants under Section 302/34 IPC, against which Amit Mishra, Jitendra Kumar Mishra, Banti Isai, and Ajayya have filed the current appeals.

On August 7, 2011, leave to appeal was granted for both appeals after they were tagged. While the appeal was still pending, Amit Mishra, one of the appellants, passed away. Consequently, the only person filing the appeal is the appellant, Jitendra Kumar Mishra.

At roughly 8:45 p.m. on June 8, 2007, the incident happened in front of the Machchu Hotel, which is under the control of the Ghamapur Police Station in Jabalpur and is close to the Shukla Hotel. Rajendra Yadav perished in the aforementioned incident. It is alleged that he was beaten and assaulted by all four accused while leaving the Machchu Hotel with his friends Virendra Verma and Amit Jha. The accused are said to have used a knife along with other weapons like a sickle and kesia.

Rajkumar Yadav, the deceased’s brother, and Usha Rani Yadav, his mother, received information regarding the alleged beating and assault of the deceased Pappu from Virendra Kumar.

They brought the dead to the Ghamapur Police Station in a rickshaw. Before pronounced him dead, complainant Rajkumar Yadav brought the deceased to Victoria Hospital in Jabalpur for medical attention.

The prosecution’s starting point is the decedent’s dying declaration. It’s the last statement made orally. The deceased made it for his brother Rajkumar Yadav and mother Usha Rani Yadav.

The deceased said that Banti Isai, Manja, and Ajay attacked him with knives, daggers, and kasia, respectively, and that Jittu grabbed both of his hands. The last line of the statement above answers the question the deceased’s mother asked after seeing her son lying in a pool of blood on the road.

One of the eyewitnesses, Rahul Yadav, has given testimony in addition to the previously mentioned dying declaration.

LEGAL PROVISIONS:

The court convicted the accused to life imprisonment under Section 302 r/w 34 IPC. The crime of murder is covered in Section 300 of the Indian Penal Code 1860. Section 302 of the Code, however, stipulates the punishment for the offender. This Section states that a murderer will either receive life in prison or the death penalty in addition to a fine.

Section 34 of the IPC defines the acts committed by several people in furtherance of a common intention. The section states that “when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons shall be liable for that act in the same manner as if it were done by him alone.”

COURT ANALYSIS AND JUDGMENT:

The court found that the one Rahul Yadav is a relative of the deceased Pappu Yadav and thus cannot be considered a free and independent witness. The evidence shows that he has a criminal background. He is involved in one of the cases filed under Sections 324 and 326 IPC. Given his background, his testimony must be treated with extreme caution and cannot be relied on blindly without taking into account any available corroborating evidence on record.

The court said that the deceased did not mention in his alleged dying declaration or the statement given to his brother and mother that someone attempted to save him or that the above witness Rahul Yadav came to his aid but was forced to flee. Furthermore, the FIR does not mention the presence of Rahul Yadav. All of these factors cast serious doubt on the presence of Rahul Yadav, and the conviction cannot be based solely on his testimony.

The FIR stated that Virendra and Amit Jha, the deceased’s friends who were present at the time of the incident, witnessed the incident.

And the deceased Rajkumar Yadav’s brother works as a lawyer. The deceased’s brother and mother had rushed to the scene after receiving information about the incident from Virendra Kumar, who had gone to their house after witnessing the accused persons assaulting the deceased. All of this could have taken 15-25 minutes, implying that by the time they arrived at the scene, the deceased would not have survived long enough to make a declaration. There is no specific material piece of evidence to establish that the deceased was alive and in a position to speak when his brother and mother arrived at the spot. In these circumstances, the dying declaration cannot be accepted as correct without supporting evidence. There is no evidence to support the said dying declaration.

It also said that the appellate court should proceed cautiously in interfering with the conviction recorded by the courts below; however, where the evidence on record indicates that the prosecution has failed to prove the accused’s guilt beyond reasonable doubt and that a plausible view other than the one expressed by the courts below can be taken, the appellate court should not hesitate to grant the accused persons the benefit of the doubt.

Given the overall facts and circumstances of the case, the court believes that the lower courts should have given the appellants the benefit of the doubt. As a result, they believe that the appellants’ conviction and sentence are reversible, and they do so by granting the benefit of the doubt.

 

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Written by – Surya Venkata Sujith

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Legal Conundrum: POCSO Act vs. SC/ST Act – The Bombay High Court’s Perspective

Case Title – Dinanath Manik Katkar v. State of Maharashtra and Anr.

Anticipatory Bail Application No. 2589 of 2023

CORAM: N. J. JAMADAR, J.

Decided on: 13th September 2023

Introduction

In a recent landmark judgment, the Bombay High Court weighed the conflicting provisions of the Protection of Children from Sexual Offences (POCSO) Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, sending ripples through the legal community. The court’s decision hinges on the critical issue of anticipatory bail when allegations under the POCSO Act are not prima facie established against the accused. In this blog, we delve into the background, the court’s decision, and the implications of this ruling.

Facts of the case

The petitioner sought pre-arrest bail in a criminal case under multiple IPC sections, the POCSO Act of 2012, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) of 1989, and the Atrocities Act. The atrocities based on caste, sexual harassment, and violence were among the charges. The trial judge rejected the accused’s request for anticipatory bail. He therefore went to the high court. Instead of filing an appeal under Section 14A of the Atrocities Act, he requested anticipatory bail under Section 438 of the CrPC.

The Legal Conundrum

The crux of the matter lies in the conflict between these two statutes when an individual accused of a sexual offense against a child seeks anticipatory bail. The question at hand is whether the provisions of anticipatory bail in the POCSO Act should prevail over the SC/ST Act when allegations under the POCSO Act are not prima facie established.

In its recent judgment, the Bombay High Court has held that the provisions of anticipatory bail in the POCSO Act would not prevail over the provisions of appeal in the SC and ST (Prevention of Atrocities) Act if the allegations under the POCSO Act are not prima facie made out against the accused.

The court reasoned that the SC/ST Act, being a special legislation, must be given precedence in cases involving individuals from these marginalized communities. It cited the principle of harmonious construction of statutes and the need to protect the rights and interests of SC/ST communities as the basis for its decision.

Implications of the Judgment

The judgment underscores the importance of safeguarding the rights of individuals from SC/ST communities. It ensures that the special provisions of the SC/ST Act are not diluted when cases involve multiple statutes. This ruling sets a legal precedent that may influence similar cases in other jurisdictions. Courts in India may consider this decision when dealing with conflicts between different statutes. The judgment highlights the significance of interpreting laws in a manner that upholds the principles and objectives of each statute, especially when they seem to overlap. The Bombay High Court’s decision provides clarity on the legal procedures to be followed when allegations under the POCSO Act are not immediately substantiated, especially when an accused seeks anticipatory bail.

The Atrocities Act’s Section 14A supersedes the Criminal Procedure Code by stating that any judgement, sentence, or order, as well as the granting or refusing of bail by a Special Court, may be appealed to the High Court. An accused person under the Atrocities Act is prohibited from filing an anticipatory bail application under section 438 of the CrPC, according to section 18 of the Act. In the event of any conflict, the POCSO Act’s non-obstante clause, included in Section 42A, will take precedence over all other laws.

The court stated that when two statutes contain non-obstante clauses, the later enactment is deemed to prevail since it is inferred that the legislature was aware of the earlier statute and decided to give the later statute superseding force. The court made it clear that in order for this concept to be applicable, the offences that are punishable by the later law (in this example, the POCSO Act) must be prima facie proven. Some claims involved crimes covered by the Atrocities Act, like insulting a Scheduled Caste member’s modesty and caste-based abuse. Additionally, it was claimed that the defendant purposefully videotaped girls dancing in a procession. The court concluded that this did not constitute a prima facie case under the POCSO Act.

In order to avoid violating Section 438 of the CrPC, the court instructed the petitioner to submit an appeal as provided for in Section 14A of the Atrocities Act.

The applicant was granted permission by the court to turn the anticipatory bail application into an Atrocities Act appeal. The court allowed the applicant the freedom to bring up the issue before the relevant bench and ordered the necessary changes to be made as soon as possible.

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Written by- Shivanshi Singh, NMIMS Law School Mumbai

 

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ANALYZING THE GROUNDS AND IMPLICATIONS OF THE ACQUITTAL OF THE RESPONDENT-ACCUSED IN THE HIGH-PROFILE CORRUPTION CASE: BOMBAY HIGH COURT

INTRODUCTION

The High Court of Bombay passed a judgement on 04 May 2023. In the case of THE STATE OF MAHARASHTRA Vs RAJESAHEB YASHWANT RANE IN CRIMINAL APPEAL NO. 858 OF 2012 which was passed by a single bench comprising of HONOURABLE SHRI JUSTICE S. M. MODAK. The judgment of acquittal has been challenged by the State, raising important issues regarding the acceptance of evidence and the interference with a judgment of acquittal.

FACTS

The case involved the judgment by the Special Judge of the Anti-Corruption Bureau (ACB) in Sindhudurg – Oros, a respondent-accused was acquitted of the charges under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. Talathi, the accused, who allegedly demanded a bribe for issuing a 7/12 extract to the complainant, the owner of agricultural land. The de facto complainant, Joseph Eyyalil, owned agricultural land and approached the accused Talathi for the issuance of a 7/12 extract. The accused allegedly demanded a bribe for this service, and the complainant paid a partial amount before successfully setting up a trap to catch the accused. However, during the trial, the complainant’s support for the prosecution’s case was inconsistent and lacked clarity. The trial court acquitted the accused based on the complainant’s lack of full support, variance in testimonies between the complainant and the trap panch, and the absence of forensic analysis of the digital evidence in the form of recorded conversations.

LAWS INVOLVED:

Section 7: Prohibits public servants from accepting or attempting to obtain bribes or gratification for performing or abstaining from official acts.

Section 13(1)(d): Defines the offense of criminal misconduct by a public servant, involving the use of corrupt or illegal means to obtain personal or third-party benefits.

Section 13(2): Prescribes imprisonment for one to seven years and a fine for public servants found guilty of criminal misconduct under Section 13(1)(d).

These sections aim to prevent corruption and ensure public officials act with integrity. The Prevention of Corruption Act, 1988, provides a legal framework to deter and punish corruption-related offenses in India.

ISSUES RAISED IN THE APPEAL:

The State challenged the judgment of acquittal, raising the following issues in the appeal:

Reliance on other evidence: Whether the trial court should have accepted other evidence when the complainant did not fully support the case.

Corroborative evidence: Whether the trial court should have accepted corroborative evidence presented by the prosecution.

Interference with the judgment of acquittal: Considering the limited scope of the appeal, whether the judgment of acquittal can be overturned based on the grounds raised in the appeal.

SIGNIFICANCE OF PRECEDENTS:

The defence relied on the observations of the Supreme Court in the case of P. Satyanarayan Murthy v. The District Inspector of Police and Others, where the court considered the issue of adequacy of evidence in cases under the Prevention of Corruption Act. The court clarified that even if the de facto complainant is unavailable or does not support the case, the court can convict the accused based on other available evidence

JUDGEMENT

The judgment of acquittal in the corruption case raises several important issues that warrant careful analysis and consideration. While the trial court acquitted the accused based on the complainant’s lack of full support for the prosecution’s case, the State has challenged the judgment, arguing that corroborative evidence should have been considered.

The trial court’s decision to acquit the accused appears to be primarily influenced by the inconsistencies and lack of clarity in the complainant’s testimony. The court observed that the complainant had partially resiled from his initial complaint, and his statements during the trial varied from his earlier accounts. Such inconsistencies weaken the credibility of the complainant’s testimony, which is crucial for establishing the guilt of the accused beyond a reasonable doubt.

Additionally, the absence of forensic analysis of the recorded conversations raises questions about the reliability of the evidence. Forensic analysis could have provided valuable insights into the authenticity and accuracy of the recorded conversations, which could have been a significant piece of evidence in proving the accused’s involvement in corruption. Without this analysis, the court may have had reasonable doubts about the integrity of the evidence presented.

However, the State’s argument that corroborative evidence should have been considered carries weight. The successful trap operation, where the accused was apprehended while accepting the bribe, and the partial payment made by the complainant do provide some support to the prosecution’s case. While the complainant’s credibility may have been called into question, these corroborative elements could have been examined more thoroughly to determine their relevance and impact on the overall case.

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JUDGEMENT REVIEWED BY VETHIKA D PORWAL, BMS COLLEGE OF LAW

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