When Substantial Evidence Is Lacking To Connect Accused With Crime, Other Corroborative Evidence Loses Significance: Gujarat High Court
The Gujarat High Court has held that where substantial evidence to connect an accused with the crime is lacking, other corroborative evidence loses its significance.In light of the aforesaid, a Bench comprising Justices SH Vora and Rajendra Sareen upheld an order of acquittal passed by the Sessions Court in a criminal case under Sections 143, 147, 148 and 302 of the Indian Penal Code and...
The Gujarat High Court has held that where substantial evidence to connect an accused with the crime is lacking, other corroborative evidence loses its significance.
In light of the aforesaid, a Bench comprising Justices SH Vora and Rajendra Sareen upheld an order of acquittal passed by the Sessions Court in a criminal case under Sections 143, 147, 148 and 302 of the Indian Penal Code and Sec 135(1) of the Bombay Police Act.
The High Court cited the lack of direct evidence, oral or documentary, warranting any interference with acquittal.
The Bench observed that the deceased-victim had a sister who was eve teased five years prior to the murder of the victim which had led to a heated exchange of words and eventually led to the death of victim. Per the Prosecution, all the five accused persons had formed an unlawful assembly with a common intention to murder the deceased. They were also armed with lathis and pipes and delivered blows on the victim. Consequently, he sustained severe injuries. The victim was admitted to the hospital where he was declared dead.
The Prosecution presented 14 witnesses to bring home the charges before the trial court. Accused No. 4 also expired during the pendency of the criminal appeal. The Bench observed that a large number of Prosecution witnesses had turned hostile. A child witness had earlier given the names of assailants and informed about the assailants to the Complainant. However, during the deposition, she deposed that she had not given any names and had not seen the offence. The child also admitted that when the first pipe blow was inflicted on the head of his father, the deceased, he ran away crying. The trial court had, therefore, refused to believe the child witness as eyewitness. There was also absence of other independent corroborative evidence which could prove the Respondents' guilt beyond reasonable doubt. The incident of eve teasing cited by the Prosecution as motive for committing the offence was found illogical by the Trial Judge which was affirmed by the High Court.
Consequently, the Bench opined:
"When substantial evidence is lacking to connect the respondents accused with the crime or not brought on record sufficient evidence to establish the guilt, other corroborative evidence loses its significance or needs any consideration to upset the findings and therefore, there is no need to overburden the judgment anymore or needs any discussion of such evidence."
The High Court also emphasised the cardinal principle of criminal jurisprudence that in an acquittal appeal if the other view is possible, then the Appellate Court cannot substitute its own view by reversing the acquittal into conviction unless the findings of the trial court are perverse, contrary to the material on record or palpably wrong.
Accordingly, the appeal was dismissed.
Case Title: STATE OF GUJARAT Versus KISHORBHAI DEVJIBHAI PARMAR & 4 other(s)
Citation: 2022 LiveLaw (Guj) 274