Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delay in lodging of FIR Evidence Witness at enmity |
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. 302 read with s. 120-B - Police party picking up 7members of complainant's family - Victims did not return -Conviction by courts below u/ss 364, 452, 120-B and 302 -Held: Evidence adduced is that the seven persons abductedby appellants were seen in different police stations and alsoin residential quarters near the police station - On thisevidence, court cannot hold that the two appellants have killedthe seven abducted persons only because they have not beentraced or are found missing - No material has been placedbefore the court to establish that the last police station in whichthe seven persons or any of them were kept was under thecontrol of the appellants - In absence of such evidence, thefinding of guilt recorded by courts below u/s. 302 againstappellants, was not correct either on facts or on law -Therefore, conviction of appellants u/s. 302 read with s. 120- is set aside.ss. 364 and 452 - Seven members of a family pickedup by police party - Victims did not return - Held: It has beenestablished that appellants had gone to the house ofcomplainant in the early morning and picked up 7 membersof his family - Therefore, conviction of appellants u/ss 364and 452 was rightly maintained by High Court- The sentenceof three years with fine u/s 452 is maintained - However, inthe facts of the case, keeping in view illustration (h) tos.220(1) CrPC, as seven persons had been abducted by appellants, they were guilty of seven offences and should bepunished for each of these offences u/s. 364 - Therefore, itis directed that the fine of Rs.40001- as imposed by trial courtand the period of rigorous imprisonment of five years will befor each of the seven offences of abduction and the five yearsB rigorous imprisonment for each of the seven offences ofabduction will run consecutively and not concurrently - Codeof Criminal Procedure, 1973 - s.220(1), /11.(h).Delay/Laches:Delay in lodging of FIR - Held: Delay in lodging of FIRoften results in embellishment as well as the introduction ofa distorted version of what may have actually happened, butthe facts of each case have to be examined to find outwhether the delay in lodging the FIR is fatal to prosecution case - In the instant case, there is enough evidence of thefact that complainant was afraid of lodging the complaint tolocal police station which was under the control of one of the.. accused-appellants - Delay of 2 months and 21 days inlodging the FIR has been explained by the facts and the evidence adduced - FIR.Delay in recording statements u/s 161 CrPC - Held:Complainant in the very first complaint had named theappellants as the persons who raided their house and pickedup seven members of his family, and therefore, the fact thatthere was considerable delay of two years from the date oflodging the FIR in recording of statements of witnesses doesnot make their evidence in this regard doubtful.Evidence:Witness at enmity with accused - Evidence of - Held:Testimony .of such a witness has to be carefully scrutinizedby the court before it is accepted, but only on account ofenmity, court cannot discard evidence of the witness altogether. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 644 |
Petitioner | Baldev Singh |
Respondent | State Of Punjab |
SCR | [2013] 9 S.C.R. 547 |
Judgement Date | 2013-09-20 |
Case Number | 1303 |
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