Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | a dead body of a woman was found near the railway track of the same train route - Body had been lying prostrate due to which the face was not recognizable - The cousin of 'A' surveyed the dead body and opined that it was not of 'A' - As per post mor 201 1860: ss.3048 Penal Code 498A - Unnatural death of woman - Appellant and his wife 'A' went on honeymoon trip after 4 months of marriage and spent 4-5 days there - While travelling on their way back A' disappeared from the train - After 3 days |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss.304B, 201, 498A — Unnatural death of woman — Appellant and his wife ‘A’ went on honeymoon trip after 4 months of marriage and spent 4-5 days there — While travelling on their way back, ‘A’ disappeared from the train — After 3 days, a dead body ofa woman was found near the railway track of the same train route — Body had been lying prostrate due to which the face was not recognizable — The cousin of ‘A’ surveyed the dead body and opined that it was not of ‘A’- As per post mortem report, the time lag between the death and post mortem examination was more than 6 days — Pending investigation, mother of ‘A’ filed complaint against appellant alleging dowry demand — Testimony of co-passengers was to the effect that ‘A’ was seen by them to be hale and hearty in the train till Katihar much beyond Azamgarh where dead body was found — Trial court held the appellant-husband guilty — High Court affirmed the same — On appeal, held: There was discrepancy in the wearing apparel of the dead body and that of ‘A’. - Even the parents of ‘A’ were not convinced that the dead body found by the side of the railway track was that of their daughter — This was proved by the fact that the mother had filed a writ of habeas corpus which having regard to ongoing investigation was dismissed — Viscera of the dead body contained poisonous substance, however prosecution failed to establish how and when she was administered poison since according to the co-passengers she was in a normal state, neither restive nor irritating, pungent or sick — DNA test was not carried out in a government laboratory and instead was done at a private laboratory in violation of the norms ~ Thus, DNA test report and evidence of the Director of the FSL failed to inspire confidence in view of shortcomings and deficiencies — Prosecution failed to establish beyond reasonable doubt the death of ‘A’— The evidence as a whole bearing on dowry demand and harassment or ill-treatment in connection therewith was also not convincing — Courts below failed to examine and evaluate the evidence on record in the right perspective both factual and legal and thus have grossly erred in returning a finding of guilt against him on the above charges. Criminal jurisprudence: It is a well entrenched principle of criminal jurisprudence that a charge can be said to be proved only when there is certain and explicit evidence to warrant legal conviction and that no person can be held guilty on pure moral conviction — Howsoever grave the alleged offence may be, and otherwise stirring the conscience of any court, suspicion alone cannot take the place of legal proof — The well established cannon of criminal justice is “fouler the crime higher the proof’ — In unmistakable terms, it is the mandate of law that the prosecution in order to succeed in a criminal trial, has to prove the charge(s) beyond all reasonable doubt. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2015 INSC 938 |
Petitioner | Rajiv Singh |
Respondent | State Of Bihar & Another |
SCR | [2015] 12 S.C.R. 1 |
Judgement Date | 2015-12-16 |
Case Number | 1708 |
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