Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - s. 201 - Causing disappearance of evidence of offence Penal Code or giving false information to screen offender - Ingredients of s. 201 |
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 - s. 201 - Causing disappearance of evidence of offence, or giving false information to screen offender - Ingredients of s. 201 - Prosecution case that main accused owing to his illicit relationship with the appellant, committed murder of appellants husband with the help of the absconding accused, and ยท that the appellant remained silent and absconded with the main accused - Conviction of the main accused u/s. 302 and 201, however, appellant convicted only u/s. 201 and sentenced to two years RI - High Court suo motu enhanced the sentence of the appellant to seven years - On appeal, held: Per N. V. Ramana, J. : While considering the charge u/s. 201, it is mandatory for the prosecution to prove that the accused actively participated in the matter of disappearance of evidence and with an intention to screen the offender - Remaining silent and absconding with the accused and moving from one place to another place will not supply the evidence or fill the gap which is necessary to prove the ingredients u/s.201 - Finding of the courts below that by remaining silent, appellant indirectly abetted the offence of causing disappearance of proof of murder, cannot be accepted - Courts below convicted appellant more on surmises and conjectures, thus, conviction u/s. 201 set aside - Appellant having already undergone . the sentence imposed by the trial court, order passed by the High Court set aside - Per P. C. Pant, J. : Appellant gave false information to screen offender, as such, was rightly held guilty by the courts below in respect of charge of offence punishable u/s. 201 -Appellant having already served more than two years' imprisonment during the period of trial/appeal; that she is sixty years old, and twenty three years have passed from the date of incident, sentence awarded by the High Court reduced to two years RI with fine - In view of difference of opinion, matter referred to larger Bench. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2017 INSC 622 |
Petitioner | Padmini Mahendrabhai Gadda |
Respondent | State Of Gujarat |
SCR | [2017] 7 S.C.R. 825 |
Judgement Date | 2017-07-17 |
Case Number | 40 |
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