Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss. 302 Penal Code 376 and 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: ss. 302, 376 and 201-Rape and murder-Evidence of witnesses-Appreciation of-Victim last seen with accused shortly before occurrence-Accused refusing to have his sugarcane field searched-Dead body of victim recovered from the sugarcane field of accused-One of the witnesses (PW-4) aged 16 years deposing that he saw accused throttling the deceased-Conviction by trial court-Acquittal by High Court holding that PW-4 did not disclose about his having seen the occurrence for three days, his conduct was unnatural and his evidence did not inspire confidence-Held, human behaviour varies from person to person-There is no set rule of natural action-To discard the evidence of a witness on the ground that he did not react in any particular manner is to appreciate evidence in a wholly unrealistic and unimaginative way-The witness was a young lad and according to his testimony accused was a hardened criminal and had threatened him-His silence in not telling others for sometime cannot be said to be suspicious or unnatural-Coupled with the evidence of PW-4, evidence of other two witnesses who claimed to have seen the deceased and the accused shortly before the . occurrence is of significance-Last seen theory was a factor which was not duly considered by High Court-Accused had initially prevented search of his field, but the dead body was recovered from his field-This circumstance is sufficient, coupled with the initial repulsion exhibited by accused, to substantiate his guilt-Evidence on record leads to inevitable conclusion that accused was responsible for rape and murder of victim-In view of patently perverse conclusions reached by High Court, its judgment is indefensible and is set aside-Conviction and sentence recorded by trial court restored-Evidence-Appreciation of-Judgment of acquittal-Setting aside of-Last seen Theory. Rana Pratap and Ors. v. State of Haryana, (1983) 3 SCC 327, relied on. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 265 |
Petitioner | State Of Uttar Pradesh |
Respondent | Devendra Singh |
SCR | [2004] Supp. (1) S.C.R. 38 |
Judgement Date | 2004-04-13 |
Case Number | 617 |
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