Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | convict the accused-appellants is unjustified ss.302 last seen 201 IPC 364 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss. 302, 364, 201 – The prosecution case was that the victim ‘H’, aged about 7 years, went missing on 8.10.1999 – On 10.10.1999, his dead body was found in the sugarcane field of ‘Y’ in Village – The victim’s father (PW-1) filed an application u/s. 156(3) Cr.P.C. on 19.11.1999 – FIR was recorded on 21.11.1999 – In the FIR, the informant alleged that he was told by PW-3 and PW-2 that they had seen A-3 taking deceased boy ‘H’ into her house on 08.10.1999 – PW-4 told him that on 09.10.1999 at about 6 AM, he had seen ‘H’ standing along with A-1 and A-2 on the road near Y’s sugarcane field – In the trial, the prosecution relied on the testimony of 12 witnesses – The trial court convicted the appellants u/s. 302 IPC and sentenced them to life imprisonment as well as 7 years u/s.364, IPC and imprisonment for 5 years u/s. 201, IPC – The High court affirmed the trial court’s findings – On appeal, held: The prosecution was not able to prove its case as there were serious flaws in the testimonies of two sets of witnesses (PWs 2 & 3 and PW- 4 & 5) who deposed to seeing the deceased with A-3 and the first two accused, on 08.10.1999 and 09.10.1999, respectively – PW-1’s conduct, in not stating anything during inquest proceedings, despite being informed about seeing the boy in the company of A-3 on 08.10.1999, and later, on the early morning of 09.10.1999, by PW-2, PW-3 and PW4, undermines the prosecution story – In the present case, save the “last seen” theory; there is no other circumstance or evidence – The time gap between when the deceased was seen in the company of the accused and the probable time of his death, based on the post mortem report, is not narrow – Therefore, solely relying on the “last seen” circumstance to convict the accused-appellants is unjustified. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 48 |
Petitioner | Jabir & Ors |
Respondent | The State Of Uttarakhand |
SCR | [2023] 1 S.C.R. 969 |
Judgement Date | 2023-01-17 |
Case Number | 972 |
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