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HIGH COURT’S DECISION TO RESERVE IS DEEMED “UNUSUAL” BY THE SC, WHICH ADJOURNS ARVIND KEJRIWAL’S CASE AGAINST STAY ON BAIL.

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In his appeal against the Delhi High Court’s suspension of his bail, Chief Minister Arvind Kejriwal sought quick relief from the Supreme Court on Monday, but the court denied him. Although the High Court’s conduct was seen somewhat “unusual,” a vacation bench consisting of Justices SVN Bhatti and Manoj Mishra decided to postpone the case until June 26.

Orders in stay applications are often not reserved. They are immediately passed. It is quite peculiar. Judge Mishra stated, “Anyway, we will have it day after tomorrow,” as the bench opted to hold off until the High Court issued an order.

Kejriwal was given regular bail in the Liquor Policy Scam Case by the Delhi High Court, which had granted a stay of the lower court’s ruling. His attorneys contended today that the High Court disregarded the established rule that there is a distinction between “bail granted” and “bail declined” while granting the stay, calling the action “unprecedented.”

A bail grant is not the same as a bail reversal. On the first day, there is a new method for staying bail. In my advantage is the convenience balance. Senior Advocate Abhishek Manu Singhvi stated during the arguments that “if the plea is denied, he goes back to jail and ends up back where he was when he surrendered under Supreme Court order three weeks ago.”

He further claimed that the challenged decision was given without any justification, and it is after the order that arguments were heard while noting that once bail is granted. It is not so simply undone.

“We suggest that the HC order be entered into the record so that we can continue the matter the following week. The court asked, “How do we proceed without the order?” as it deferred the case and declined to comment on the merits.

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WRITTEN BY: ABHISHEK SINGH

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SUPREME COURT HAS SET ASIDE GUJRAT HIGH COURT JUDGEMENT AND RELEASED THE ACCUSED FOR THE OFFENCE OF ROBERRY & MURDER

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CASE NAME: THAKORE UMEDSING NATHUSING V. STATE OF GUJARAT
CASE NUMBER: CRIMINAL APPEAL NO.1102 OF 2024

DATED ON: FEBRUARY 22, 2024
QUORUM: Honourable Justice B.R. Gavai & Justice Sandeep Mehta

FACTS OF THE CASE:

The appellants, Thakore Laxmansing Halsing, Thakore Pravinsing Rajsing, Thakore Umedsing Nathusing, Thakore Khemsing Halsing, and Thakore Prabhatsing Kapursing, were tried in Sessions Case Nos. 107 and 143 of 1990 respectively. They were convicted under Section 392 of the Indian Penal Code, 1860 and sentenced to 10 years’ rigorous imprisonment with a fine of Rs. 5,000/­. The trial court acquitted them of the charges under Sections 302 read with Section 34 and Sections 396 and 397 IPC. The appellants appealed, while the State appealed, seeking acquittal.

A man named Vithalbhai Kachrabhai Barot was accused of murdering a man who used to drive a Jeep. The case was registered at Gadh Police Station, Taluka Palanpur, Gujarat, and an investigation began. On March 2, 1990, a jeep was driven away at high speed near Charannagar, Ahmedabad. Four persons alighted from the jeep and tried to run away. One of them, Laxmansing (A1), was chased down and confessed to the murder and looting of the vehicle. The remaining four accused were apprehended, and a blood-stained knife was recovered.

The investigation concluded that the accused took the jeep taxi of Bharatbhai (deceased) on hire and murdered the victim and looted the jeep. Two separate charge sheets were filed against the accused, and both sets were committed to the Sessions Court, Banaskantha, at Palanpur. The accused pleaded not guilty and claimed to be tried. After hearing the arguments and appreciating the evidence, the trial court acquitted A1, A2, A3, and A5 in entirety. They were convicted for the offense punishable under Section 392 of the IPC and sentenced to 10 years’ rigorous imprisonment and a fine of Rs. 5,000/¬. The High Court reversed the acquittal and convicted them for the offenses punishable under Sections 302 and 396 IPC, sentenced them to life imprisonment, and maintained the fine and default sentence imposed by the trial court.

LEGAL PROVISIONS:

  • INDIAN PENAL CODE:
  • Section-34: Acts done by several persons in furtherance of common intention ; When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
  • Section-302: Punishment for murder; Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.
  • Section_392: Punishment for Robbery; Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
  • Section-396: Dacoity with Murder; If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
  • Section-397: Robbery or dacoity, with attempt to cause death or grievous hurt; If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, so attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.

ISSUES RAISED:

Two fundamental issues are presented for adjudication in these appeals:­

  • The scope of interference by High Court in an appeal challenging acquittal of the accused by the trial Court;
  • The standard of proof required to bring home charges in a case based purely on circumstantial evidence.

SUBMISSIONS ON BEHALF OF ACCUSED APPELLANTS:­

The learned counsel for accused appellants argue that the prosecution failed to prove the ownership or possession of a jeep bearing registration No. GJ-08-114 by the deceased. They also argue that the incriminating articles were never examined through the Forensic Sciences Laboratories (FSL), and only blood samples were sent for serological examination. The accused also argue that there is no reliable evidence establishing guilt beyond reasonable doubt, and that the convictions of A2, A3, and A5 are based solely on the confessional statement of A1, which is inadmissible in evidence under Sections 25 and 26 of the Indian Evidence Act, 1872. The accused contend that the High Court’s findings are based on conjectures and surmises, and they are entitled to an acquittal.

 

SUBMISSIONS ON BEHALF OF RESPONDENT­ STATE:­

Appearing for the respondent­ State vehemently opposed the submissions advanced by the learned counsel representing the accused­ appellants. She submitted that the High Court, after thorough and apropos appreciation of the substantial and convincing circumstantial evidence led by the prosecution, has recorded unimpeachable findings holding the accused guilty of the offences. She thus implored the Court to dismiss the appeals and affirm the judgment of the High Court.

COURTS ANALYSIS AND JUDGEMENT:

The court has analysed the impugned judgement and the evidence available on record, finding that the prosecution relied on circumstantial evidence, including disclosures, recoveries, and discoveries, to bring home the guilt of the accused. The most important recovery is attributed to A1, who was apprehended by PSI J.N. Chaudhary on 02nd March, 1990. He forwarded a report/communication dated 2nd March, 1990, wherein A1 confessed to the crime of murdering the jeep driver and looting the jeep and named the other accused persons as particeps criminis.

The court found that the confession of an accused in custody recorded by a police officer is inadmissible in evidence as the same would be hit by Section 25 of the Evidence Act. The prosecution did not even attempt to prove the confessional part of the communication . The court also found that the identity of A2, A3, and A5 as the assailants on the basis of the disclosure statement of A1 were primarily convicted on the basis of the recoveries of knives and clothes.

The court found that the recoveries were highly doubtful and tainted, as they did not lead to any conclusive circumstance in form of Serological report establishing the presence of the same blood group as that of the deceased. Furthermore, the prosecution failed to lead the link evidence mandatorily required to establish the factum of safe keeping of the muddamal articles, making the recoveries irrelevant.

The court has already doubted the veracity of the disclosure statement of A1 as recorded by and concluded that the evidentiary value of the confession of one co-accused against the other cannot be treated as substantive evidence.

The prosecution failed to provide reliable evidence to prove the accused’s guilt for murder under Section 302 IPC. The High Court did not record any finding that the trial court’s view was perverse or unfavorable. The judgment is based on conjectures and surmises, rather than substantive or reliable circumstantial evidence. The conviction for Section 392 is also based on the same set of inadmissible and unreliable links of circumstantial evidence.

CONCLUSION: ­

The High Court of Gujarat in Ahmedabad has quashed and set aside two previous judgements, Criminal Appeal No. 1012 of 1993 and Criminal Appeal No. 949 of 1994, which were based on the same record. The trial court’s judgment dated 21st August, 1993, convicting and sentencing the accused for offences punishable under Section 392 IPC, is also quashed and set aside. The appellants are acquitted of the charges and are directed to be set at liberty immediately, unless otherwise required.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

JUDGEMENT REVIEWED BY: ABHISHEK SINGH

Click here to view the full judgement: THAKORE UMEDSING NATHUSING V. STATE OF GUJARAT

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NEET Aspirant’s Plea Dismissed; Fake Documents Lead to Court Dismissal and Potential Legal Action by NTA.

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The Allahabad High Court dealt an interesting case recently [Ayushi Patel v. Union Of India Thru. Secy., Ministry Education/ Deptt. Of Higher Education, New Delhi And Another.], where a NEET Aspirant claimed that she had not received her exam results, and that the National Testing Agency (NTA) communicated to her that stating that they could not do so as her OMR sheet was found torn. In this regard, she had also made several claims against the NTA in a video, which she shared on social media platforms.

In her urgent writ plea before the High Court, Patel asked the Court to halt the continuing admission counselling process while the current writ is pending. She also demanded a manual examination of her OMR sheet and an investigation into the NTA. After which, the Court ordered the NTA to provide Patel’s original records so that her claims could be confirmed after hearing her case on June 12. However, when the petitioner’s actual documents under the aforementioned order were presented to the court, it was discovered that every document submitted with the petition was altered and falsified. This had also allowed the NTA to discredit the Petitioner’s claim that her OMR sheet was torn when they presented it intact before the Court, along with the Scorecard and Attendance Sheet.

The petition was then dismissed by Justice Rajesh Singh Chauhan on June 14, after her Counsel stated he had no further arguments to make in light of the NTA’s claim that fake documents had been submitted to the court. It is also important to note that the Single Judge stated that it could not stop the appropriate authority or authorities from pursuing legal action against the petitioner in line with the law when the National Testing Agency (NTA) filed a submission with the court indicating that it was considering taking action against the Petitioner in this case.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by – Gnaneswarran Beemarao

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Even if there is 0.001% negligence, it should be dealt with thoroughly: SC raps NTA, Centre over NEET Exam irregularities

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Amid worries over the National Eligibility-cum-Entrance Test (NEET) for admission to medical institutions, the Supreme Court today slammed the National Testing Agency (NTA), which administers the statewide exam for medical college applicants.

“If there’s even 0.001% negligence on anyone’s part, it should be thoroughly dealt with,” the Supreme Court stated. The Supreme Court, in hearing a batch of petitions over alleged anomalies in the exam, stated that it expected “timely action” from the NTA and that the organisation must guarantee that all applicants are treated equitably.

“As the agency in charge of the exam, you must be fair. If there is an error, say yes, it is a mistake, and here is the course of action we will pursue. At the very least, that gives you confidence in your performance,” said a bench of Justices Vikram Nath and SVN Bhatti to the NTA. The Supreme Court emphasised the importance of students’ preparation for one of the country’s most difficult admission tests, stating that if someone who has cheated the system becomes a doctor, they are even more detrimental to society. It emphasised that children must study hard in order to pass NEET. “The next hearing in the case will be held on July 8.”

Last week, the NTA informed the Supreme Court that the grace marks awarded to 1,563 applicants in the NEET-UG test will be revoked, and the participants will be given the option of retaking the exam on June 23. The findings of the re-test will be announced by June 30, the Supreme Court was told.

If any of these applicants elected not to take the re-test, their previous score would be returned, minus the additional marks.
The results for the medical entrance test, which was taken by 24 lakh candidates on May 5, were released on June 4. Allegations of a test paper leak quickly emerged. As many as 67 students received flawless scores of 720/720.

Several students were offered grace marks, reportedly to compensate for lost time at the exam centre. Many student associations have complained of claimed NEET irregularities, including the release of incorrect question papers, ripped Optical Mark Recognition (OMR) sheets, and delays in sheet delivery.

Written By: Abhishek Singh

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SC SET ASIDE THE IMPUGNED JUDGEMENT PASSED BY THE HIGH COURT IN RESPECT OF DYING DECLARATION

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Case Name: NAEEM. Versus STATE OF UTTAR PRADESH.

Case Number: CRIMINAL APPEAL No. 1978 of 2024

Dated: March 05, 2024

Quorum: Honourable Justice B.R. Gavaskar & Justice Sandeep Mehta

FACTS OF THE CASE:

The appeals challenge the judgement and order dated December 17, 2019, passed by the Division Bench of the High Court of Judicature at Allahabad in Criminal Appeal Nos. 1589 of 2018 and 7393 of 2017. The appeals relate to the case of Shahin Parveen, who was admitted to the District Hospital with 80% deep thermal and facial burns on 1st December 2016. She claimed that she was set ablaze by the accused/appellants who pressured her into entering the profession of immoral trafficking and prostitution. A First Information Report was registered at Police Station Katghar, District Moradabad, and Shahin was admitted to Safdarjung Hospital, New Delhi, where she died at 7:55 pm. The case was altered to the offence punishable under Section 302 of the Indian Penal Code, 1860.

The prosecution case alleged that after the death of Shahin’s husband two years prior, the accused/appellants began pressuring her into entering the profession of immoral trafficking and prostitution. The accused/appellants caught hold of Shahin and poured kerosene on her, igniting a matchstick and throwing it at her. The accused/appellants surrounded her, and she was set ablaze. Her neighbours put out the fire, and her mother and brother, Islam @ Babli, took her to the hospital.

The deceased, who had been a victim of a dispute with her husband, was allegedly set on fire by two accused individuals. The incident occurred on December 1, 2016, and the deceased’s dying declaration revealed that the dispute was related to their shared residence. The accused poured kerosene on the deceased, who was later taken to a hospital in New Delhi. The accused pleaded not guilty and claimed to be tried. The prosecution examined eight witnesses, with Papi @ Mashkoor claiming he was absent at the time and the deceased committed suicide. The trial court convicted the accused and sentenced them to life imprisonment and a fine. The accused appealed to the High Court, which dismissed their appeal and affirmed the conviction and sentence.

LEGAL PROVISIONS:

  1. INDIAN PENAL CODE, 1860;

● Section-34 (Acts done by several persons in furtherance of common intention) – When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

● Section 302 (Punishment for Murder): Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to a fine.

● Section-307 (Attempt to murder): Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.

● Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

  1. INDIAN EVIDENCE ACT 1872;

● Section 32(1) [ Dying Declaration]: This section states that when a statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.

ISSUES RAISED:

  1. Whether the dying declaration is cogent, trustworthy, and reliable to base the conviction on the accused or frivolous and vexatious.
  2. Whether the dying declaration can be considered as sole evidence for the conviction of the accused persons.
  3. whether the conviction of all three accused is tenable or not.

CONTENTION OF APPELLANT:

Shri Mohd. Siddiqui, the learned counsel for the appellants, submits that the conviction is based only on the dying declaration of the deceased. He submits that the dying declaration is not free from doubt. It is submitted that the discharge slip would show that the deceased was discharged from the District Hospital, Moradabad, on December 1, 2016 at 5:00 pm. It is therefore impossible that the dying declaration could have been recorded between 8:48 pm and 9:15 pm. The learned counsel therefore submits that the said dying declaration cannot be said to be trustworthy, reliable and cogent so as to base the conviction solely on the same.

CONTENTION OF RESPONDENTS:

Shri Thakur, counsel for the respondent, submits that both the trial court and the High Court, on the correct appreciation of evidence, rightly convicted the accused and appellants, and as such, no interference would be warranted with the concurrent findings of the trial court and the High Court. The learned AAG submits that Raj Kumar Bhaskar, the then Naib Tehsildar, has deposed about the dying declaration. Shri Thakur submits that the dying declaration also contains the certification by Dr. A.K. Singh, Emergency Medical Officer, District Hospital, Moradabad, regarding the medical fitness of the victim both prior to and after recording the dying declaration.

COURT ANALYSIS AND JUDGEMENT:

The conviction in this case is based solely on the dying declaration, as per the law outlined in the Atbir v. Government of NCT of Delhi case. The court has held that a dying declaration can be the sole basis of conviction if it inspires the full confidence of the court, and if the deceased was in a fit state of mind at the time of making the statement, it was not the result of tutoring, prompting, or imagination. If the court is satisfied about the dying declaration being true and voluntary, it can base its conviction without further corroboration. The court has observed that if the dying declaration is true, coherent, and free from any effort to induce the deceased to make a false statement, there is no legal impediment to make it the basis of conviction, even if there is no corroboration.

The testimony of Raj Kumar Bhaskar, the then Naib Tehsildar, reveals that he was directed by the Tehsildar to record the statement of the victim, Shahin Parveen, at the District Hospital, Moradabad. He deposed that he was in full sense and understood the questions, and that none of the relatives of the deceased were present during the recording.

 

The dying declaration is deemed true and coherent, making it a reliable basis for conviction without independent corroboration. The victim’s statement reveals that the deceased’s motive is attributed to accused No. 1 Pappi @ Mashkoor, who allegedly poured kerosene on her and set her ablaze. The statement of Naeema and her brother Naeem, the wife of accused No. 1 Pappi @ Mashkoor, also reveals their assistance to her devar Pappi @ Mashkoor.

 

However, no specific role for how they assisted was found in the dying declaration. The court finds that the dying declaration can be the sole basis for maintaining the conviction of accused No. 1 Pappi @ Mashkoor, but in the absence of any specific role attributed to accused No. 2 Naeema and accused No. 3 Naeem, they are entitled to the benefit of doubt.

As a result, the court passed the following order:

(i) The criminal appeals of Naeem and Naeema, quashed and set aside, are allowed. The trial court’s conviction and sentence from October 24, 2017, and the High Court’s judgement from December 17, 2019, are quashed and set aside. The appellants are acquitted of all charges and are directed to be released immediately, unless required in any other case.

(ii) Criminal Appeal No. 1979 of 2022, qua appellant Pappi @ Mashkoor, is dismissed.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Judgement Reviewed by- Abhishek Singh

Click here to view the full judgement: NAEEM. Versus STATE OF UTTAR PRADESH.

 

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