Supreme Court Half Yearly Digest 2023 -Criminal Trial

Section 197 Cr.P.C. - Sanction required even for acts done in excess of official duty. A. Srinivasulu v. State of Rep. by the Inspector of Police, 2023 LiveLaw (SC) 485

Section 319 Cr.P.C. - Person not named in the FIR can be added as accused if there's sufficient evidence of his involvement. Jitendra Nath Mishra v. State of U.P., 2023 LiveLaw (SC) 480 : AIR 2023 SC 2757 : 2023 INSC 576

‘Courts below failed to properly evaluate evidence’: Supreme Court acquits two convicts in 22 year old murder case. Ravi Mandal v. State of Uttarakhand, 2023 LiveLaw (SC) 470 : AIR 2023 SC 2554 : 2023 INSC 552

Proposed accused has the right to be heard in revision filed against dismissal of petition under Section 156(3) Cr.P.C. Santhakumari v. State of Tamil Nadu, 2023 LiveLaw (SC) 465

Criminal Investigation – Voice Sample - Magistrate has the power to order the collection of a voice sample for the purpose of investigation. Pravinsinh Nrupatsinh Chauhan v. State of Gujarat, 2023 LiveLaw (SC) 463

At the stage of hearing on the charges, the entire evidence produced by the prosecution is to be believed and if no offence is made out, then only an accused can be discharged. Truthfulness, sufficiency and acceptability of the material produced can be done only at the stage of trial. At the stage of charge, the Court has to satisfy that a prima facie case is made out against the accused persons. Interference of the Court at that stage is required only if there is strong reasons to hold that in case the trial is allowed to proceed, the same would amount to abuse of process of the Court. (Para 11) Captain Manjit Singh Virdi v. Hussain Mohammed Shattaf, 2023 LiveLaw (SC) 462 : AIR 2023 SC 2480 : 2023 INSC 555 : (2023) 7 SCC 633

The High Court has not even referred to the evidence collected by Investigating Agency produced alongwith chargesheet in its entirety. Rather there is selective reference to the statements of some of the persons recorded during investigation. It shows that there was total non-application of mind. The High Court had exercised the jurisdiction in a manner which is not vested in it to scuttle the trial of a heinous crime. (Para 20) Captain Manjit Singh Virdi v. Hussain Mohammed Shattaf, 2023 LiveLaw (SC) 462 : AIR 2023 SC 2480 : 2023 INSC 555 : (2023) 7 SCC 633

'Numerous lapses in investigation': Supreme Court frees man awarded death penalty in case for rape & murder of 6 year old girl. Prakash Nishad @ Kewat Zinak Nishad v. State of Maharashtra, 2023 LiveLaw (SC) 461 : AIR 2023 SC 2938 : 2023 INSC 561

Supreme Court sets aside Bombay HC Order acquitting G.N. Saibaba, Remands appeals to HC for consideration by another Bench. State of Maharashtra v. Mahesh Kariman Tirki, 2023 LiveLaw (SC) 438

Supreme Court laments trial judges not using section 313(5) Cr.P.C.; asks judicial academies to take notice. Raj Kumar @ Suman v. State (NCT of Delhi), 2023 LiveLaw (SC) 434 : AIR 2023 SC 3113 : 2023 INSC 520

Supreme Court sets aside conviction in 23 year old murder case; says prosecution failed to prove chain of circumstances. Santosh @ Bhure v. State (G.N.C.T.) of Delhi, 2023 LiveLaw (SC) 418 : 2023 INSC 443

The District Police Chief can't order further investigation without permission from the Magistrate or Higher Court. Peethambaran v. State of Kerala, 2023 LiveLaw (SC) 402 : 2023 INSC 481

‘Court not to sermonise on morality’: SC allows premature release of woman convicted for killing sons while attempting suicide. Nagarathinam v. State through the Inspector of Police, 2023 LiveLaw (SC) 401 : AIR 2023 SC 2263 : 2023 INSC 495

Supreme Court sets aside Magistrate's order directing police investigation into allegation of rape against BJP leader Kailash Vijayvargiya. Kailash Vijayvargiya v. Rajlakshmi Chaudhuri, 2023 LiveLaw (SC) 396 : 2023 INSC 494

The duty of the presiding judge of a criminal trial is not to watch the proceedings as a spectator or a recording machine but he has to participate in the trial by evincing intelligent active interest by putting questions to witnesses in order to ascertain the truth. (Para 11, 12) Dinesh Kumar v. State of Haryana, 2023 LiveLaw (SC) 395 : AIR 2023 SC 2795 : 2023 INSC 493

Section 389 Cr.P.C. - Sentence can be suspended in appeal only if the convict has fair chances of acquittal. Omprakash Sahni v. Jai Shankar Chaudhary, 2023 LiveLaw (SC) 389 : AIR 2023 SC 2202 : (2023) 6 SCC 123 : 2023 INSC 478

The Home Secretary cannot order further investigation or reinvestigation of case by another agency. Bohatie Devi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 376 : 2023 INSC 465

Investigating officer did not meet the obligations’: Supreme Court reverses murder conviction imposed by Trial Court, affirmed by High Court. Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358 : 2023 INSC 415

Not necessary to review / recall / quash order accepting closure report before carrying out further investigation. State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365 : 2023 INSC 460

Criminal Investigation - Criminal offence is considered as a wrong against the State and the Society even though it has been committed against an individual. Normally, in serious offences, prosecution is launched by the State and a Court of law has no power to throw away prosecution solely on the ground of delay. Mere delay in approaching a Court of law would not by itself afford a ground for dismissing the case. Though it may be a relevant circumstance in reaching a final verdict. (Para 84) State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365 : 2023 INSC 460

Supreme Court commutes death sentence of man who murdered his sister & her lover from another caste; takes note of 'social pressure'. Digambar v. State of Maharashtra, 2023 LiveLaw (SC) 361 : AIR 2023 SC 2827 : 2023 INSC 445

Supreme Court sets aside Telangana HC Order directing CBI to provide printed questions to YSRCP MP Avinash Reddy; says such orders gravely prejudice investigation. Suneetha Narreddy v. Y.S. Avinash Reddy, 2023 LiveLaw (SC) 355 : 2023 INSC 422

If the prosecution proposes death sentence, it must produce before the Trial Court information about the background of the accused. Vikas Chaudhary v. State of Delhi, 2023 LiveLaw (SC) 336 : 2023 INSC 412

Supreme Court shocked to see police filing closure report in case where FIR was quashed; directs to discontinue such practice. State of Uttarakhand v. Umesh Kumar Sharma, 2023 LiveLaw (SC) 335

Appellate Court should separately hear convict on quantum of sentence when acquittal is reversed. Fedrick Cutinha v. State of Karnataka, 2023 LiveLaw (SC) 326 : AIR 2023 SC 2102 : 2023 INSC 384

Asaram Bapu Case - Supreme Court sets aside Rajasthan HC order to summon IPS officer Ajay Lamba as witness. State of Rajasthan v. Asharam @ Ashumal, 2023 LiveLaw (SC) 316 : AIR 2023 SC 2228 : 2023 INSC 383

Criminal Trial - Right to speedy trial, including speedy disposal of an appeal, is not the exclusive right of an accused, but an obligation of the court towards the society in general, and the victim in particular. (Para 17) State of Rajasthan v. Asharam @ Ashumal, 2023 LiveLaw (SC) 316 : AIR 2023 SC 2228 : 2023 INSC 383

Trial Courts, Public Prosecutors should be vigilant while framing of charges against accused. Soundarajan v. State, 2023 LiveLaw (SC) 314 : AIR 2023 SC 2136 : 2023 INSC 377

Accused not entitled to default bail when first extension (passed in absence of accused) wasn't challenged & second extension was passed in his presence. Qamar Ghani Usmani v. State of Gujarat, 2023 LiveLaw (SC) 297 : AIR 2023 SC 1901 : (2023) 2 SCR 824 : 2023 INSC 337

The High Court cannot quash criminal proceedings at Section 482 Cr.P.C. stage by saying charges aren't proved. Central Bureau of Investigation v. Aryan Singh, 2023 LiveLaw (SC) 292 : AIR 2023 SC 1987 : (2023) 2 SCR 819 : 2023 INSC 338

Alleged lack of jurisdiction of court no ground to transfer case: Supreme Court dismisses PFI student wing leader's plea. Ka Rauf Sherif v. Directorate of Enforcement, 2023 LiveLaw (SC) 284 : (2023) 6 SCC 92 : 2023 INSC 347

View that there cannot be police custody beyond 15 days from date of arrest should be reconsidered. Central Bureau of Investigation v. Vikas Mishra @ Vikash Mishra, 2023 LiveLaw (SC) 283 : AIR 2023 SC 1808 : (2023) 6 SCC 49 : 2023 INSC 345

Power to transfer cases to be used sparingly; may cast unnecessary aspersions on state judiciary & prosecution agency. Afjal Ali Sha @ Abjal Shaukat v. State of West Bengal, 2023 LiveLaw (SC) 268 : (2023) 2 SCR 1090 : 2023 INSC 257

'Possible that police set up false case after killing deceased in the process of arrest': Supreme Court acquits 4 in 1989 murder case. Pulen Phukan v. State of Assam, 2023 LiveLaw (SC) 265 : AIR 2023 SC 1639 : 2023 Cri LJ 1789 : 2023 INSC 305

The job of the prosecution is not to accept the complainant’s version as Gospel Truth and proceed in that direction but the investigation must be made in a fair and transparent manner and must ascertain the truth. The evidence collected during investigation should then be analysed by the Investigating Officer and accordingly a report under Section 173(2) of the CrPC should be submitted. Further, the duty of the Trial Court is to carefully scrutinise the evidence, try to find out the truth on the basis of evidence led. Wherever necessary the Trial Court may itself make further inquiry on its own with regard to facts and circumstances which may create doubt in the minds of the Court during trial. If the investigation is unfair and tainted then it is the duty of the Trial Court to get the clarifications on all the aspects which may surface or may be reflected by the evidence so that it may arrive at a just and fair conclusion. If the Trial Court fails to exercise this power and discretion vested in it then the judgment of the Trial Court may be said to be vitiated. [Para 13] Pulen Phukan v. State of Assam, 2023 LiveLaw (SC) 265 : AIR 2023 SC 1639 : 2023 Cri LJ 1789 : 2023 INSC 305

The Courts must refrain from committing such grave errors in the future, whereby innocent people are made to suffer incarceration for over a period of nearly two decades, without proper appreciation of evidence. (Para 19) Narendrasinh Keshubhai Zala v. State of Gujarat, 2023 LiveLaw (SC) 227 : (2023) 2 SCR 746 : 2023 INSC 241

Delay in sending FIR - Unless serious prejudice is caused, mere delay in sending the FIR to the Magistrate would not, by itself, have a negative effect on the case of the prosecution. One of the external checks against ante-dating or antetiming an FIR is the time of its dispatch to the Magistrate or its receipt by the Magistrate. A dispatch of a copy of the FIR forthwith ensures that there is no manipulation or interpolation in the FIR. (Para 17.6) Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023 LiveLaw (SC) 225 : (2023) 5 SCC 391 : (2023) 2 SCR 965 : 2023 INSC 238

Delay in the FIR reaching the Magistrate - It is the settled position of law that each and every delay caused is not fatal to a case in the absence of demonstrated prejudice. In the present case, though, while there is reliance at the Bar on this principle no submission has been made to show prejudice having been caused to the accused. Statements sans adequate backing cannot sway the Court. Even the delay in the receipt of the FIR with the concerned Magistrate cannot be a reason to disbelieve the prosecution case. It is not a case of non-compliance of provisions equally the delay is not inordinate so as to cast any doubt. (Para 20) Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023 LiveLaw (SC) 225 : (2023) 5 SCC 391 : (2023) 2 SCR 965 : 2023 INSC 238

Power of Court of Appeal - The Court of appeal has wide powers of appreciation of evidence in an order of acquittal as in the order of conviction, along with the rider of presumption of innocence which continues across all stages of a case. Such Court should give due importance to the judgment rendered by the Trial Court. The High Court, being the First Appellate Court must discuss/re-appreciate the evidence on record. Failure to do so is a good ground enough to remand the matter for consideration. (Para 17.9) Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023 LiveLaw (SC) 225 : (2023) 5 SCC 391 : (2023) 2 SCR 965 : 2023 INSC 238

Preponderance of probabilities - To entitle a person to the benefit of a doubt arising from a duality of views, the possible view in favour of the accused must be as nearly reasonably probable as that against him. (Para 17.5) Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023 LiveLaw (SC) 225 : (2023) 5 SCC 391 : (2023) 2 SCR 965 : 2023 INSC 238

Constitutional Courts can impose life sentence for fixed term without remission even in cases where the death penalty wasn't imposed. Shiva Kumar @ Shiva @ Shivamurthy v. State of Karnataka, 2023 LiveLaw (SC) 252 : AIR 2023 SC 1774 : 2023 INSC 306

Accused can't claim right of hearing before registration of FIR. State Bank of India v. Rajesh Agarwal, 2023 LiveLaw (SC) 243 : AIR 2023 SC 1859 : (2023) 6 SCC 1 : 2023 INSC 303

Smuggling & Foreign Exchange Manipulations - Necessary to deprive persons engaged in such acts of their ill-gotten gains. Platinum Theatre v. Competent Authority, 2023 LiveLaw (SC) 226 : AIR 2023 SC 1614 : 2023 INSC 273

Supreme Court questions practice of some trial courts to remand accused the moment they appear in response to summons. Mahdoom Bava v. Central Bureau of Investigation, 2023 LiveLaw (SC) 218 : AIR 2023 SC 1570 : 2023 INSC 263

Supreme Court dismisses Cardinal George Alencherry's plea to quash criminal cases over land scam. Cardinal Mar George Alencherry v. State of Kerala, 2023 LiveLaw (SC) 203 : (2023) 2 SCR 1014 : 2023 INSC 250

Section 438 Cr.P.C. - Can HCs refuse to entertain anticipatory bail pleas for not exhausting Sessions Court remedy? Supreme Court to Consider. Gauhati High Court Bar Association v. State of Assam, 2023 LiveLaw (SC) 177

Section 319 Cr.P.C. power is to be exercised only if strong & cogent evidence occurs against a person. Vikas Rathi v. State of U.P., 2023 LiveLaw (SC) 172 : (2023) 2 SCR 6 : 2023 INSC 186

Sex with minor wife: Supreme Court acquits husband of rape relying on exception 2 to Sec 375 IPC. Siddaruda @ Karna v. State of Karnataka, 2023 LiveLaw (SC) 170

Section 313 Cr.P.C. - Written statement of the accused has to be considered in the light of prosecution evidence. Premchand v. State of Maharashtra, 2023 LiveLaw (SC) 168 : AIR 2023 SC 1487 : (2023) 5 SCC 522 : (2023) 2 SCR 119 : 2023 INSC 207

Section 313 Cr.P.C.: Supreme Court Summarises 10 well-settled principles. Premchand v. State of Maharashtra, 2023 LiveLaw (SC) 168 : AIR 2023 SC 1487 : (2023) 5 SCC 522 : (2023) 2 SCR 119 : 2023 INSC 207

Mere intimidation to silence kidnapped child victim not sufficient to prove threat to life & limb. Ravi Dhingra v. State Haryana, 2023 LiveLaw (SC) 167 : AIR 2023 SC 1243 : 2023 Cri LJ 1913 : 2023 INSC 182 : (2023) 6 SCC 76 : (2023) 2 SCR 164

Mere breach of contract can't be the basis for a criminal case for cheating. Sarabjit Kaur v. State of Punjab, 2023 LiveLaw (SC) 157 : (2023) 5 SCC 360 : 2023 INSC 188

Transfer of Investigation to CBI - The power to transfer the investigation is an extraordinary power. It is to be used very sparingly and in an exceptional circumstance where the Court on appreciating the facts and circumstance arrives at the conclusion that there is no other option of securing a fair trial without the intervention and investigation by the CBI or such other specialized investigating agency which has the expertise. Royden Harold Buthello v. State of Chhattisgarh, 2023 LiveLaw (SC) 154 : AIR 2023 SC 1231 : 2023 INSC 180

Section 256 Cr.P.C. - Not proper to acquit the accused merely for the non-appearance of the complainant who was already examined. BLS Infrastructure Ltd. v. Rajwant Singh, 2023 LiveLaw (SC) 153 : (2023) 4 SCC 326 : (2023) 2 SCR 183 : 2023 INSC 187

State should not be arbitrary in allowing premature release; policy must be applied equally to all. Rajkumar vs State of Uttar Pradesh, 2023 LiveLaw (SC) 144 : 2023 INSC 718

Transfer of criminal case from one state to another implicitly reflect on the credibility of the State Judiciary & Prosecution Agency. Neelam Pandey v. Rahul Shukla, 2023 LiveLaw (SC) 141

'Mere framing of charges no bar to order further investigation; Victim has fundamental right of fair investigation'. Anant Thanur Karmuse v. State of Maharashtra, 2023 LiveLaw (SC) 136 : (2023) 5 SCC 802 : 2023 INSC 168

Section 319 Cr.P.C.: Supreme Court reiterates procedural safeguards to prevent misuse of power to summon additional accused. Juhru v. Karim, 2023 LiveLaw (SC) 128 : AIR 2023 SC 1160 : (2023) 5 SCC 406 :(2023) 2 SCR 519 : 2023 INSC 148

Criminal proceedings inter-se parties can be quashed if they have genuinely settled matrimonial disputes. Rangappa Javoor v. State of Karnataka, 2023 LiveLaw (SC) 74

Section 482 Cr.P.C. | Pendency of suit concealed, cloak of criminal offence given to civil dispute: Supreme Court quashes criminal proceedings. Usha Chakraborty v. State of West Bengal, 2023 LiveLaw (SC) 67 : AIR 2023 SC 688 : 2023 INSC 86

Criminal Investigation - A defective investigation is not always fatal to the prosecution where ocular testimony is found credible and cogent. While in such a case the court has to be circumspect in evaluating the evidence, a faulty investigation cannot in all cases be a determinative factor to throw out a credible prosecution version -Non-examination of the Investigating Officer must result in prejudice to the accused; if no prejudice is caused, mere non-examination would not render the prosecution case fatal - Though mere defects in the investigative process by itself cannot constitute ground for acquittal, it is the legal obligation of the Court to examine carefully in each case the prosecution evidence de hors the lapses committed by the Investigating Officer to find out whether the evidence brought on record is at all reliable and whether such lapses affect the object of finding out the truth. (Para 28, 42) Munna Lal v. State of Uttar Pradesh, 2023 LiveLaw (SC) 60 : AIR 2023 SC 634 : 2023 Cri LJ 1726 : 2023 INSC 78

Criminal Trial - The circumstance that most of the witnesses were related to the deceased does not per se exclude their testimony. (Para 14) Prasad Pradhan v. State of Chhattisgarh, 2023 LiveLaw (SC) 59 : AIR 2023 SC 643 : 2023 Cri LJ 1726 : 2023 INSC 78

Chargesheets not 'public documents', Can't direct investigating agencies to upload them on websites. Saurav Das v. Union of India, 2023 LiveLaw (SC) 52 : AIR 2023 SC 615 : 2023 INSC 76

Chargesheets - Supreme Court refuses to direct that chargesheets filed by investigating agencies should be uploaded on a public website for public access- Court says that the directions in Youth Bar Association of India vs Union of India (2016) 9 SCC 473 regarding uploading of FIR cannot be extended to chargesheets - Court directed the copies of the FIRs to be published within 24 hours on the police websites or on the websites of the State Government, looking to the interest of the accused and so that innocent accused are not harassed and they are able to get the relief from the competent court and they are not taken by surprise. Therefore, the directions issued by this Court are in favour of the accused, which cannot be stretch to the public at large so far as the chargesheets are concerned. (Para 4.1) Saurav Das v. Union of India, 2023 LiveLaw (SC) 52 : AIR 2023 SC 615 : 2023 INSC 76

Default bail can be cancelled on merits after presentation of chargesheet. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37 : AIR 2023 SC 457 : (2023) 4 SCC 253 : (2023) 1 SCR 741 : 2023 INSC 44

View that default bail cannot be cancelled on merits will reward lethargic investigation. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37 : AIR 2023 SC 457 : (2023) 4 SCC 253 : (2023) 1 SCR 741 : 2023 INSC 44

Grant of Remission - Presiding Judge should give adequate reasons while giving opinion under Section 432(2) Cr.P.C. Jaswant Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 33 : AIR 2023 SC 419 : 2023 INSC 31

'Reasonable time should be given for investigation': SC sets aside madras HC order quashing FIR against youtuber Maridhas in 4 days. State represented by the Inspector of Police v. Maridass, 2023 LiveLaw (SC) 25

Supreme Court takes exception to Madras High Court quashing an FIR in four days without giving adequate time for investigation. State represented by the Inspector of Police v. Maridass, 2023 LiveLaw (SC) 25

"Private civil dispute converted to criminal proceedings": Supreme Court quashes complaint alleging offence under SC-ST (prevention of Atrocities) Act. B. Venkateswaran v. P. Bakthavatchalam, 2023 LiveLaw (SC) 14 : AIR 2023 SC 262 : 2023 INSC 18

Magistrate Must Examine If Complaint Constitutes Only A Civil Wrong Before Summoning Accused. Deepak Gaba v. State of Uttar Pradesh, 2023 LiveLaw (SC) 3 : AIR 2023 SC 228 : (2023) 3 SCC 423 : 2023 INSC 1

"Burden to prove mental incapacity is on the defence": Supreme Court upholds conviction of man accused of killing his two sons. Prem Singh v. State of NCT of Delhi, 2023 LiveLaw (SC) 2 : AIR 2023 SC 193 : (2023) 3 SCC 372 : 2023 INSC 3

Criminal Trial - Motive - If motive is proved, that would supply another link in the chain of circumstantial evidence but, absence of motive cannot be a ground to reject the prosecution case, though such an absence of motive is a factor that weighs in favour of the accused. (Para 15, 17.1) Prem Singh v. State of NCT of Delhi, 2023 LiveLaw (SC) 2 : AIR 2023 SC 193 : (2023) 3 SCC 372 : 2023 INSC 3