NDLI: Manikandan Vs. State By The Inspector of Police

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Evidence
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 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Evidence – Witnesses – Tutoring of the material witnesses by the police – Effect: Held: This is a blatant act by the police to tutor the material prosecution witnesses-interested witnesses – It amounts to gross misuse of power by the police machinery – Police cannot be allowed to tutor the prosecution witness – On facts, the appellants convicted and sentenced u/ss. 302/34 IPC – Day before the evidence of the prosecution witnesses was recorded before the trial court, witnesses were called to the Police Station and were taught to depose in a particular manner – Their evidence will have to be discarded as there is a distinct possibility that the said witnesses were tutored by the police on the earlier day – This conduct becomes more serious as other independent eyewitnesses, though available, were withheld – Furthermore, defence of the accused was that they were not present at the place of the incident at the time of the incident – One of the prosecution witness admitted that accused was working in another village – Thus, serious doubt created about the genuineness of the prosecution case – Benefit of substantial doubt to be given to the appellants – Before the appellants were enlarged on bail, they had undergone incarceration for more than 10 years – Thus, the courts below erred in convicting the appellants – Impugned judgments and orders set aside, and the appellants acquitted of the offences alleged against them. [Paras 8, 9] Judicial deprecation – Blatant act by the police to tutor the material prosecution witnesses at the police station: Held: This amounts to gross misuse of power by the Police machinery – This kind of interference by the Police with the judicial process is shocking – Director General of Police of the State to cause an enquiry to be made into the conduct of the police officials of tutoring the witnesses at the concerned Police Station – Appropriate action to be initiated against the erring officials in accordance with the law. [Paras 8, 10]
Judge	Hon'ble Mr. Justice Abhay.S. Oka
Neutral Citation	2024 INSC 272
Petitioner	Manikandan
Respondent	State By The Inspector Of Police
SCR	[2024] 4 S.C.R. 234
Judgement Date	2024-04-05
Case Number	1609

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