NDLI: Chotkau Vs. State of Uttar Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1860: ss.376 Penal Code 302
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860: ss.376, 302 – Rape and murder – Conviction for, and death sentence by courts below – Challenged – Held: There were very serious contradictions in the evidence tendered by prosecution witnesses on crucial aspects which made them completely untrustworthy – Sessions Court as well as the High Court trivialized the major contradictions to hold that the chain of circumstances was established unbroken – Delay of five days in transmitting the FIR to the jurisdictional court was fatal – Failure of the prosecution to subject the accused to medical examination when ocular evidence is untrustworthy was certainly fatal – Conviction and sentence set aside – Code of Criminal Procedure, 1973 – ss.366, 313, 157, 53, 53A – Evidence Act,1872 – s.106. FIR: Delay in forwarding FIR to jurisdictional Court – Effect on prosecution case – Held: While every delay in forwarding the FIR may not necessarily be fatal to the case of the prosecution, Courts may be duty bound to see the effect of such delay on the investigation and even the creditworthiness of the investigation – The word “forthwith’ in s.157(1) of the Code is to be understood in the context of the given facts and circumstances of each case and a straight-jacket formula cannot be applied in all cases – But where ocular evidence is found to be unreliable and thus unacceptable, a long delay has to be taken note of by the Court – Delay of five days in transmitting the FIR to the jurisdictional court, especially in the facts and circumstances of the present case was fatal – Code of Criminal Procedure, 1973 – s.157(1). Code of Criminal Procedure, 1973: s.53A – Relevance of medical examination of rape accused in cases based on circumstantial evidence – In cases where the victim of rape is alive and is in a position to testify in court, it may be possible for the prosecution to take a chance by not medically examining the accused – But in cases where the victim is dead and the offence is sought to be established only by circumstantial evidence, medical evidence assumes great importance – Failure of prosecution to produce such evidence, despite there being no obstacle from the accused or anyone, will certainly create a gaping hole in the case of the prosecution and give rise to a serious doubt on the case of the prosecution – s.53A enables the prosecution to obtain a significant piece of evidence to prove the charge – Failure of the prosecution in the instant case to subject the appellant to medical examination is certainly fatal to the prosecution case especially when the ocular evidence is found to be not trustworthy. Code of Criminal Procedure, 1973: Difference between s.64A and s.53A – Discussed.
Judge	Hon'ble Mr. Justice V. Ramasubramanian
Neutral Citation	2022 INSC 1032
Petitioner	Chotkau
Respondent	State Of Uttar Pradesh
SCR	[2022] 9 S.C.R. 601
Judgement Date	2022-09-28
Case Number	361-362

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Chotkau Vs. State of Uttar Pradesh

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