Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s. 302 - Conviction and sentence under - Correctness Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860: S. 302 - Acid attack - Death due to burn injuries - Earlier. victim had been allegedly raped by accused 'P' - During pendency of rape case, 'P' and one 'R 'allegedly threw acid at the victim - Her neighbours took her to the hospital - Neither any written complaint was filed to police, nor anyone from the hospital informed the police about the incident - Victim requested PW-7 to write her complaint and send the same to the police by registered post - Victim succumbed to the burn injuries and died - No dying declaration was recorded - Thereafter, case u!s.302 was registered - In rape proceedings, P · was acquitted by trial Court as victim was no more alive to adduce evidence - However. in proceeding uls.302, trial court convicted both the accused and sentenced 'P · to death and 'R · to R.l. for life - Reference to the High Court for confirmation of death sentence was rejected - Further, conviction of both 'P' and 'R 'was set aside - On appeal. held: High Court adopted a casual approach in appreciating the facts. circumstances and evidence of the case - High Court allowed itself to be swayed by the fact that the FIR was delayed by 23 days hut failed to appreciate the fact that the victim. had a moron husband and two little kids at home. and none of them were able to go to police station and get FIR recorded - She had to request PW-7 to write down her complaint and sent it to police by registered post - Jn the circumstances, delay in lodging the FIR is fully explained - Death of the victim on account of burn injuries due to acid attack was well corroborated from the statement of the doctors (PW-6 and PW-8) - Statement given by victim in the FIR scribed by PW-7, should have been treated as her dying declaration - The victim specifically mentioned in her report about the motive part of 'P ·. who allegedly raped her and that case was pending - It is not correct approach to simply pick up the minor lapses of the investigation and acquit accused. particularly when the ring of truthis undisturbed,- High Court erred in holding ·p- not guilty -However. 'R ·had no motive to commit the crime. nor it can be saidthat he had common intention with 'P · to cause burn injuries withacid on victim - View of the High Court to hold 'R ·not guilty cannotbe said to he erroneous - Crime against Women.s. 302 - Murder - Two possible views - Accused 'P 'contendedthat where two views are possible and the courts below have takendifferent views, the view favouring the accused should be accepted- Held: Insofar the view taken by the High Court in not holdingaccused •p · gμguilty is concerned, the same is not reasonablypossible view. for the reason that it is against the weight of theevidence on record ignoring completely the circumstances in whichthe victim reported the matter to police. with the help of a strangerand her statement in the FIR is fully corroborated, apart frommedical evidence on record.s. 302 - Murder - Reasonable doubt - It is not every doubtbut only a reasonable doubt of which benefit can be given to theaccused - A doubt of a timid mind which is afraid of logicalconsequences, cannot be said to be reasonable doubt - ff thebenefits of all kinds of doubts raised on beha!f of the accused areaccepted. it will result in deflecting the course of justice - Thecherished principles of golden thread of proof of reasonable doubtwhich runs through web of law should not be stretched morbidly toembrace every hunch, hesitancy and degree of doubt.Code o.f Criminal Procedure. 1973 - s.313 - Accusedcontended that the evidence recorded in trial Court was notproperly put Jo the accused u/s.3 I 3 - Held: In instant case, theCourt has complied with the provisions of s.313 - Suh-section (h)of s.3 I 3 requires the court to question the accused generally on thecase after prosecution evidence is over - It does not require thateach and every sentence of the prosecution evidence has to bere-written anal read over once again while examining the accusedu!s.313 of Cr.PC.Administration of Justice - Administration of CriminalJustice - Woman allegedly raped by ·p' - During the pend ency ofthe rape case, 'P ·and one 'R' threw acid at the victim - Althoughshe narrated the incident to the doctor. no written complaint was filed to police - Victim passed away due to shock and sepsis causedby the acid attack - No dying declaration ·was recorded - TrialCourt convicted both accused and sentenced 'P' to death and 'R' toR.I. for life - However, High Court dismissed the death referenceand acquitted the accused on hyper technical grounds of delayand /aches in investigation and prosecution - Held (per N. V. Romana,J.): A woman was raped and subsequently punished for raisingvoice which ultimately led to her demise - The criminal justicesystem has not served the deceased from being victimised - It isadmitted by the trea!ing doctor that I. 0. had requested forrecording a dying declaration, which was not allowed by him andproper case history was also not maintained - The conduct of thedoctor needs to be evaluated in light of his utter disregard forprofessionalism -Another aspect is regarding the defectiveinvestigation and prosecution - If a negligent investigation oromissions or lapses due to perfunctory investigation, are noteffectively rectified, the faith and confidence of the people in thelaw enforcing agency would be shaken - The basic requirementthat a trial must be fair is crucial for any civilised criminal justicesystem - Every stakeholder in this criminal justice system isexpected to act with a sense of fairness to bring out the truth so thatpunishment can be meted to those who deserve - Ethics - Medical- Indian Medical Council (Professional conduct, etiquette andethics) Regulations, 2002 - Evidence - Dying Declaration. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 1223 |
Petitioner | State Of U.p. |
Respondent | Raghuvir And Anr. Etc. Etc. |
SCR | [2017] 13 S.C.R. 293 |
Judgement Date | 2017-12-13 |
Case Number | 2175-2177 |
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