Supreme Court Half Yearly Digest 2022 (Jan - Jun) CRIMINAL TRIAL

Criminal Trial - Alibi - The burden on the accused is rather heavy and he is required to establish the plea of alibi with certitude- The plea of alibi in fact is required to be proved with certainty so as to completely exclude the possibility of the presence of the accused at the place of occurrence. (Para 16, 17) Pappu Tiwary v. State of Jharkhand, 2022 LiveLaw (SC) 107 : AIR 2022 SC 758

Criminal Trial - Appeal against High Court judgment reversing conviction of accused in a murder case - Allowed - The contradictions, if any, are not material contradictions which can affect the case of the prosecution as a whole - Delay of seven hours in lodging FIR cannot be said to be fatal to the prosecution case - Conviction recorded by Trial Court restored. M. Nageswara Reddy v. State of Andhra Pradesh, 2022 LiveLaw (SC) 251 : (2022) 5 SCC 791

Criminal Trial - Appeal against High Court judgment upholding conviction of accused in a murder case - dismissed - The prosecution proved its case beyond reasonable doubt - The fact that the trial/appeal should have taken years and that other accused should have died during the appeal cannot be a ground for acquittal. Karan Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 234 : (2022) 6 SCC 52

Criminal Trial - Being related to the victim, by itself, is no reason at all to discredit the testimony of a witness. (Para 34) Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396

Criminal Trial - Circumstantial Evidence - Circumstances on the basis of which the conclusion of guilt is to be drawn, must be fully established - Principles discussed. Venkatesh @ Chandra v. State of Karnataka, 2022 LiveLaw (SC) 387

Criminal Trial - Circumstantial Evidence - Motive - Absence of motive in a case of circumstantial evidence weighs in favour of the accused - motive not relevant in a case of direct evidence. Nandu Singh v. State of Madhya Pradesh, 2022 LiveLaw (SC) 229 : 2022 (5) SCALE 329

Criminal trial - Circumstantial Evidence - Motive - absence of motive in a case of circumstantial evidence weighs in favour of the accused - motive not relevant in a case of direct evidence. Nandu Singh v. State of Madhya Pradesh, 2022 LiveLaw (SC) 229 : 2022 (5) SCALE 329

Criminal Trial - Circumstantial Evidence - Principles applicable to appreciation of evidence in cases involving circumstantial evidence discussed. [Referred to Sharad Birdi Chand Sarda v. State of Maharashtra (1984) 4 SCC 116 et al.] (149-151) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67

Criminal Trial - Circumstantial Evidence - The circumstances concerned "must or should be" established and not "may be" established - The accused "must be" and not merely "may be" guilty before a court can convict him. The conclusions of guilt arrived at must be sure conclusions and must not be based on vague conjectures. The entire chain of circumstances on which the conclusion of guilt is to be drawn, should be fully established and should not leave any reasonable ground for the conclusion consistent with the innocence of the accused. Chandrapal v. State of Chhattisgarh, 2022 LiveLaw (SC) 529 : AIR 2022 SC 2542

Criminal Trial - Circumstantial Evidence - The conviction can be based solely on circumstantial evidence but it should be tested on the touchstone of law relating to the circumstantial evidence that all circumstances must lead to the conclusion that the accused is the only one who has committed the crime and none else - Circumstances howsoever strong cannot take place of proof and that the guilt of the accused have to be proved by the prosecution beyond reasonable doubt. (Para 11, 14) Satye Singh v. State of Uttarakhand, 2022 LiveLaw (SC) 169 : (2022) 5 SCC 438

Criminal Trial - Circumstantial Evidence - Where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused. The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances. (Para 10) Ravinder Singh @ Kaku v. State of Punjab, 2022 LiveLaw (SC) 461 : AIR 2022 SC 2726

Criminal Trial - Death sentence imposed on accused in case of rape and murder of 8 year old commuted to that of imprisonment for life with the stipulation that he shall not be entitled to premature release or remission before undergoing actual imprisonment for a period of 30 years - The present case cannot be considered as one falling in the category of 'rarest of rare cases'. Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396

Criminal Trial - Description of a witness as 'chance witness' cannot and will not by itself denude the admissibility or relevance of the evidence of such a witness if nothing was brought out to make his version suspicious and thereby unacceptable. (Para 37) Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396

Criminal Trial - DNA Reports - The need to ensure quality in the testing and eliminate the possibility of contamination of evidence - Being an opinion, the probative value of such evidence has to vary from case to case - This court has relied on DNA reports, in the past, where the guilt of an accused was sought to be established. Notably, the reliance was to corroborate. (Para 121) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67

Criminal Trial - Draft Criminal Rules of Practice, 2021 - The prosecution, in the interests of fairness, should as a matter of rule, in all criminal trials, furnish the list of statements, documents, material objects and exhibits which are not relied upon by the investigating officer. The presiding officers of courts in criminal trials shall ensure compliance with such rules. (Para 179) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67

Criminal Trial - Eye Witness - The evidence of eye -witness cannot be discarded only for the reason that he allegedly did not raise any alarm or did not try to intervene when the deceased was being ferociously assaulted and stabbed. Suresh Yadav @ Guddu v. State of Chhattisgarh, 2022 LiveLaw (SC) 217 : 2022 (4) SCALE 260

Criminal Trial - Guidelines for recording evidence of vulnerable witnesses in criminal matters' of the High Court of Delhi - The definition of "vulnerable witness" contained in Clause 3(a) expanded. (Para 5 (i)) Smruti Tukaram Badade v. State of Maharashtra, 2022 LiveLaw (SC) 80

Criminal Trial - Inquest report is not substantive evidence. The objective is to find out whether a person who has died under suspicious circumstances, what may be the apparent cause of his death. (Para 32) Pappu Tiwary v. State of Jharkhand, 2022 LiveLaw (SC) 107 : AIR 2022 SC 758

Criminal Trial - Last seen theory – discussed. (Para 32-32.5) Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396

Criminal Trial - Last Seen Together - In absence of any other links in the chain of circumstantial evidence, the accused cannot be convicted solely on the basis of "Last seen together", even if version of the prosecution witness in this regard is believed. (Para 14-17) Chandrapal v. State of Chhattisgarh, 2022 LiveLaw (SC) 529 : AIR 2022 SC 2542

Criminal Trial - Long adjournments being given after the completion of the chief examination, only helps the defense to win them over at times, with the passage of time - The trial courts shall endeavor to complete the examination of the private witnesses both chief and cross on the same day as far as possible - The trial courts to take up the examination of the private witnesses first, before proceeding with that of the official witnesses. (Para 39) Rajesh Yadav v. State of U.P., 2022 LiveLaw (SC) 137 : 2022 (3) SCALE 135

Criminal Trial - Major difference in recording the number of injuries suffered by the deceased in the inquest report and the post-mortem report, not fatal to prosecution case. (Para 32) Pappu Tiwary v. State of Jharkhand, 2022 LiveLaw (SC) 107 : AIR 2022 SC 758

Criminal Trial - Medical evidence adduced by the prosecution has great corroborative value as it proves that the injuries could have been caused in the manner alleged - It is not merely a check upon testimony of eyewitnesses, it is also independent testimony, because it may establish certain facts, quite apart from the other oral evidence. (Para 18) Anuj Singh @ Ramanuj Singh @ Seth Singh v. State of Bihar, 2022 LiveLaw (SC) 402 : AIR 2022 SC 2817

Criminal Trial - Merely because the witnesses were the relatives of the deceased, their evidence cannot be discarded. (Para 10) M. Nageswara Reddy v. State of Andhra Pradesh, 2022 LiveLaw (SC) 251 : (2022) 5 SCC 791

Criminal Trial - Motive - Only because the motive is established, the conviction cannot be sustained. (Para 23) Mahendra Singh v. State of M.P., 2022 LiveLaw (SC) 543 : AIR 2022 SC 2631

Criminal Trial - Murder - Where, however, the only evidence against an accused person is the recovery of stolen property and although the circumstances may indicate that the theft and the murder must have been committed at the same time, it is not safe to draw the inference that the person in possession of the stolen property was the murdered. Suspicion cannot take the place of proof. Tulesh Kumar Sahu v. State of Chattisgarh, 2022 LiveLaw (SC) 228

Criminal Trial - Murder - Where, however, the only evidence against an accused person is the recovery of stolen property and although the circumstances may indicate that the theft and the murder must have been committed at the same time, it is not safe to draw the inference that the person in possession of the stolen property was the murdered. Suspicion cannot take the place of proof. Tulesh Kumar Sahu v. State of Chattisgarh, 2022 LiveLaw (SC) 228

Criminal Trial - Once the witness is in the witness box and is being cross examined every endeavour must be made to ensure that the cross examination is completed on that day. Neetu Tripathi v. State of Uttar Pradesh, 2022 LiveLaw (SC) 349

Criminal Trial - Sanction - The validity of sanction could always be determined by the Trial Court during the course of trial where sanctioning authority could be examined and the appellant will have sufficient opportunity to contest the same, including that of cross-examining the sanctioning authority. (Para 18.2) Abhishek v. State of Maharashtra, 2022 LiveLaw (SC) 516 : 2022 (8) SCALE 713

Criminal Trial - Sentencing - 1988 Road Rage Case - Sentence awarded to Navjot Singh Sidhu enhanced to one year imprisonment - When a 25 year old man, who was an international cricketer, assaults a man more than twice his age and inflicts, even with his bare hands, a severe blow on his (victim's) head, the unintended consequence of harm would still be properly attributable to him as it was reasonably foreseeable - The indulgence was not required to be shown at the stage of sentence by only imposing a sentence of fine and letting him go without any imposition of sentence. Jaswinder Singh v. Navjot Singh Sidhu, 2022 LiveLaw (SC) 498 : AIR 2022 SC 2441

Criminal Trial - Sentencing - Accused's involvement in other crimes may be a relevant factor provided the concerned material in the form of concluded judgments in the other matters are brought on record in a manner known to law. The established involvement in other matters would then certainly be relevant while dealing with the question whether the concerned accused is required to be dealt with sternly or leniently. (Para 23) Venkatesh @ Chandra v. State of Karnataka, 2022 LiveLaw (SC) 387

Criminal Trial - Sentencing - Appellant convicted under Section 376, 363, 366, 307, 354 and sentenced to life imprisonment sought modification of sentence- Sentenced to a term of 15 years' imprisonment - Appellant has undergone actual imprisonment for a period of 11 years as on date - The ends of justice would be met by directing that instead and in place of the sentence of life imprisonment which has been imposed for the conviction under Section 376, the appellant shall stand sentenced to a term of 15 years' imprisonment. Vipul Rasikbhai Koli Jankher v. State of Gujarat, 2022 LiveLaw (SC) 288 : AIR 2022 SC 1524 : (2022) 6 SCC 725

Criminal Trial - Sentencing - In determining the quantum of sentence, the Court must bear in mind the circumstances pertaining to the offence and all other relevant circumstances including the age of the offender - The principles of restorative justice find place within the Indian Constitution and severity of sentence is not the only determinant for doing justice to the victims. (Para 7, 8) Vipul Rasikbhai Koli Jankher v. State of Gujarat, 2022 LiveLaw (SC) 288 : AIR 2022 SC 1524 : (2022) 6 SCC 725

Criminal Trial - Sentencing - Necessity of maintaining a reasonable proportion between the seriousness of the crime and the punishment - While a disproportionately severe sentence ought not to be passed, simultaneously it also does not clothe the law courts to award a sentence which would be manifestly inadequate, having due regard to the nature of the offence, since an inadequate sentence would fail to produce a deterrent effect on the society at large - A long period had lapsed by the time the appeal was decided cannot be a ground to award the punishment which was disproportionate and inadequate. (Para 25 -32) Jaswinder Singh v. Navjot Singh Sidhu, 2022 LiveLaw (SC) 498 : AIR 2022 SC 2441

Criminal Trial - Sentencing - Public opinion neither an objective circumstance relating to crime, nor the criminal, and the courts must exercise judicial restraint and play a balancing role. (Para 227) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67

Criminal Trial - Sentencing - Restorative Justice - To give opportunity to the offender to repair the damage caused, and to become a socially useful individual, when he is released from the jail - The maximum punishment prescribed may not always be the determinative factor for repairing the crippled psyche of the offender. (Para 43) Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw (SC) 390 : AIR 2022 SC 1967

Criminal Trial - The approximate time of death before examination, as indicated in the post -mortem report, cannot be applied as something of mathematical precision. (Para 36) Pappu v. State of Uttar Pradesh, 2022 LiveLaw (SC) 144 : 2022 (3) SCALE 45

Criminal Trial - The court conducting the trial/appeal is not only obliged to protect the rights of the accused but also the rights of the victim, and the interest of the society at large. The Judge presiding over the criminal trial has not only to see that innocent man is not punished but has also to see that guilty man does not escape. Both are his public duties required to be discharged very diligently to maintain the public confidence and uphold the majesty of the law. (Para 35) Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw (SC) 390 : AIR 2022 SC 1967

Criminal Trial - The court is not supposed to give undue importance to omissions, contradictions and discrepancies which do not go to the heart of the matter, and shake the basic version of the prosecution witness. Karan Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 234 : (2022) 6 SCC 52

Criminal Trial - The evidence of the investigating officer is not indispensable. The evidence is required for corroboration and contradiction of the other material witnesses as he is the one who links and presents them before the court - Even assuming that the investigating officer has not deposed before the court or has not cooperated sufficiently, an accused is not entitled for acquittal solely on that basis, when there are other incriminating evidence available on record. (Para 25) Rajesh Yadav v. State of U.P., 2022 LiveLaw (SC) 137 : 2022 (3) SCALE 135

Criminal Trial - The evidence tendered by the related or interested witness cannot be discarded on that ground alone. However, as a rule of prudence, the Court may scrutinize the evidence of such related or interested witness more carefully. (Para 26) Surendran v. State of Kerala, 2022 LiveLaw (SC) 482 : AIR 2022 SC 2322

Criminal Trial - The omission of some of the prosecution witnesses to mention a particular fact, or corroborate something, which is deposed to by other witnesses, therefore, does not ipso facto favour an accused. What is important, however, is whether the omission to depose about a fact is so fundamental that the prosecution version becomes shaky and incredulous - unless it is shown that the omission to examine a witness, who had previously participated during the investigation and whose statement was recorded by the police, undermines the prosecution case, or impacts on it significantly, the foundation of the fact or facts which are sought to be proved, remains unshaken as long as that fact is deposed to or spoken about by other witnesses, whose testimonies are to be seen in their own terms. Therefore, the omission to examine the individuals left out, but who the prosecution claimed, had participated during the investigation, did not affect its case, as far as the circumstances held to have been established by it, are concerned. (Para 159-161) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67

Criminal Trial - The prosecution is required to prove its case beyond reasonable doubt and not beyond all iota of doubt. (Para 46) Karan Singh v. State of Uttar Pradesh, 2022 LiveLaw (SC) 234 : (2022) 6 SCC 52

Criminal Trial - The recovery of the dead body, which was in a concealed condition from an unused and dilapidated building based on the disclosure statement of an accused is a crucial incriminating circumstance - Discovery of the body at the instance of the accused is a crucial circumstance, in a case resting on circumstantial evidence. (Para 41) Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396

Criminal Trial - The same treatment is required to be given to the defence witness(es) as is to be given to the prosecution witness(es). (Para 20) Mahendra Singh v. State of M.P., 2022 LiveLaw (SC) 543 : AIR 2022 SC 2631

Criminal Trial - The test which is applied of proving the case beyond reasonable doubt does not mean that the endeavour should be to nick pick and somehow find some excuse to obtain acquittal. (Para 36) Pappu Tiwary v. State of Jharkhand, 2022 LiveLaw (SC) 107 : AIR 2022 SC 758

Criminal Trial - The testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omissions - Only contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of the witnesses. (Para 17) Anuj Singh @ Ramanuj Singh @ Seth Singh v. State of Bihar, 2022 LiveLaw (SC) 402 : AIR 2022 SC 2817

Criminal Trial - There would be nothing wrong in relying on the testimony of police officers if their evidence is reliable, trustworthy, cogent and duly corroborated by other witnesses or admissible evidence. (Para 40) Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396

Criminal Trial - Unnecessarily weightage shall not be given to some minor contradictions - Deposition of injured eye witness has a greater reliability and credibility. (Para 12) M. Nageswara Reddy v. State of Andhra Pradesh, 2022 LiveLaw (SC) 251 : (2022) 5 SCC 791

Criminal Trial - Vulnerable Witnesses - The fairness of the process of trial as well as the pursuit of substantive justice are determined in a significant measure by the manner in which statements of vulnerable witnesses are recorded - Creation of a barrier free environment where depositions can be recorded freely without constraining limitations, both physical and emotional - Directions issued. (Para 3-5) Smruti Tukaram Badade v. State of Maharashtra, 2022 LiveLaw (SC) 80

Criminal Trial - When other circumstances are available non-detection of blood group by itself would not be fatal. (Para 44) Veerendra v. State of Madhya Pradesh, 2022 LiveLaw (SC) 480 : AIR 2022 SC 2396

Criminal Trial - Witnesses are of three types, viz., (a) wholly reliable; (b) wholly unreliable; and (c) neither wholly reliable nor wholly unreliable. When the witness is "wholly reliable", the Court should not have any difficulty inasmuch as conviction or acquittal could be based on the testimony of such single witness. Equally, if the Court finds that the witness is "wholly unreliable", neither conviction nor acquittal can be based on the testimony of such a witness. It is only in the third category of witnesses that the Court has to be circumspect and has to look for corroboration in material particulars by reliable testimony, direct or circumstantial. Mahendra Singh v. State of M.P., 2022 LiveLaw (SC) 543 : AIR 2022 SC 2631

Disciplinary Proceedings - Acquittal in Criminal Case - The acquittal of the accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction - In a prosecution for an offence punishable under the criminal law, the burden lies on the prosecution to establish the ingredients of the offence beyond reasonable doubt. The accused is entitled to a presumption of innocence. The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of the service rules governing the relationship of employment. Unlike a criminal prosecution where the charge has to be established beyond reasonable doubt, in a disciplinary proceeding, a charge of misconduct has to be established on a preponderance of probabilities. The rules of evidence which apply to a criminal trial are distinct from those which govern a disciplinary enquiry. (Para 13) State of Karnataka v. Umesh, 2022 LiveLaw (SC) 304 : (2022) 6 SCC 563

Disciplinary Proceedings - Effect of Acquittal - An acquittal in a criminal trial has no bearing or relevance on the disciplinary proceedings as the standard of proof in both the cases are different and the proceedings operate in different fields and with different objectives. (Para 10.4) Maharashtra State Road Transport Corporation v. Dilip Uttam Jayabhay, 2022 LiveLaw (SC) 3 : AIR 2022 SC 238 : (2022) 2 SCC 696

Penal Code, 1860 - Section 498A - General and omnibus allegations cannot manifest in a situation where the relatives of the complainant's husband are forced to undergo trial. It has been highlighted by this court in varied instances, that a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged. (Para 22) Kahkashan Kausar @ Sonam v. State of Bihar, 2022 LiveLaw (SC) 141 : AIR 2022 SC 820 : (2022) 6 SCC 599

Practice and Procedure - Draft Rules of Criminal Practice 2021 - Bail - Para 17 (i) of the Draft Rules should be read as mandating the furnishing of the bail order to the prison concerned - The bail order should be furnished by the prison authorities to the accused. In Re To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trial, 2022 LiveLaw (SC) 433

Prohibition of Cow Slaughter Act, 2004 (Madhya Pradesh); Section 11 - In a case where the offender/accused are acquitted in the Criminal Prosecution, the judgment given in the Criminal Trial should be factored in by the District Magistrate while deciding the confiscation proceeding. (Para 21) Abdul Vahab v. State of Madhya Pradesh, 2022 LiveLaw (SC) 243 : 2022 (4) SCALE 401