Pdf the high court of delhi at new delhi ajay ahuja and anr


The Central Board of Certification F. Pictures International Vs. State Govt. Hindustan Construction Co. Prem Ajd Construction Pvt. Abbas Vs. Union Of India- W. C - of DelHC Menaka Gandhi K. Karunakaran v. Hegde K. Srinivas Rao - D. Mehta - Union Of India M.

Christian Medical College Vellore M. Shoes East Ov. Pentiah Vs. Kran Rader Dourt. National Tobacco Company of India Ltd. News Nation Gujarat And Ors. The friend of the girl survived in spite of being fhe outside the courf along with the girl and felhi attempt ahay the accused-appellants to run over them became futile as they, by their slight movement, could ajau from being crushed under the bus, and the appellants left them thinking that they were no more alive. Lying naked, as the clothes were removed from their bodies, aand shouted for help af as anc fortune would have it, the night patrolling vehicle, a motor cycle, arrived and the said ajah, Raj Kumar, PW, gave the shirt to the boy and contacted the control room from which a Bolero patrol van came and they brought a bed or and tore it into two parts and gave a piece to each of the victims so that they could cover themselves ajy feel civil.

Delhu present case is one where there can be no denial ahuka the narrative is long, the investigation has been cautious and to bring home the charge, modern dehi progressive scientific methods have been hifh. Siddharth Luthra, learned senior counsel for the respondent-State, has made indefatigable endeavour to project that the investigation is flawless and exemplary; and Mr. Sharma and Mr. Singh, learned counsel for the appellants, have severely criticized it as faulty on many a score and that it delyi completely biased; and Mr. Sanjay R. Hegde, learned senior counsel, the friend of the Court, in his own way, has highlighted that the investigation is not only flawed but thf unreliable which deserves chastisement and warrants rejection.

Many facets of the investigation that pertain to recording of dying declaration, recording of statements of witnesses under Section of the Code of Criminal Procedure CrPCthe medical examination, holding of the test identification Pdr, the manner and method of search and seizure and the procedure of arrest have been seriously ths upon. That apart, criticism is advanced dflhi many a spectrum to strengthen the stance that it does not meet the standard and test determined by law. Needless to say, the factual score and delho investigation have hith withstand the test delui reliability and acceptability. The appreciation of evidence brought on record requires to be ajat scrutinized to adjudge the fact whether the appellants are guilty of their culpability or there has been public pressure, as alleged, to falsely implicate the appellants or to treat them as guinea pigs to save others and accept the hypothesis that the prosecution has booked them at the instance of some political executives or to save a situation which a disturbed society perceives as a collective catastrophe on the paradigm of social stability and to sustain its faith in the investigation to keep the precept of rule of law alive.

In essence, the submission is that the whole exercise, namely, investigation and trial, has been carried out with the sole purpose for the survival of the prosecuting agency. We have stated in the beginning that Mr. Singh appearing for the appellants commenced their submission with all the vehemence and sensitivity at their command to strike at the root of the prosecution branding it as suspicious, absolutely unreliable, apathetic to the concept of individual dignity and engaged in maladroit effort to book the vulnerable and the innocent so as to disguise and cover their inefficiency to catch the real culprits. In the course of our deliberation, we shall dwell upon the same and keenly scrutinize the justifiability of the aforesaid criticism.

The Prosecution Narrative 4. Presently, we shall advert to the exposition of facts. The prosecution case, as projected, is that on After the show was over, about 8: The deceased and the informant sat on the left side in the row of two-seaters and paid the fare of twenty rupees as demanded. Before they could get the feeling of a safe journey though not a time-consuming journeya feeling of lonely suffocation and a sense of danger barged in, for the accused persons did not allow anyone else to board and the bus moved and the lights inside the bus were put off. With the lights being put off, the darkness and the fear of the unexpected darkness ruled.

The spirit to oppose and the duty to save the prosecutrix had to die down and perilously succumb to the assault by the accused persons with the iron rods that caused injuries to his head, both the legs and other parts of the body and the consequence was that he fell on the floor of the bus to hear the painful cries of the lady who, he knew, was being treated as an object, an article for experimentation and prey to the pervert proclivity of the six but could do nothing except to hear unbearable cries made in agony and pain. His spirit was dead, and bound to. As the prosecution story further unfurls, the two accused persons, namely, Pawan and Vinay, pinned the young man down and robbed the victims of their mobiles besides robbing the informant of his purse carrying a Citi Bank credit card, ICICI Bank Debit Card, his identity card issued by his employer-company, metro card, a sum of rupees one thousand, his Titan Watch, a golden ring studded with jewels and a silver ring studded with pearl, black colour Hush Puppies shoes, black colour Numero Uno jeans, a grey colour pullover and a brown colour blazer.

As per the version of the prosecution, PW-1 was carrying two mobiles and the prosecutrix was carrying only one, and the accused snatched away all the three mobiles. The overpowering was not meant to satisfy the avarice. As the accusations proceed, after the informant was overpowered, as it could only have a singular result, the accused persons, namely, Ram Singh, Akshay and the Juvenile in Conflict with Law JCL took the prosecutrix to the rear side of the bus and she was raped by them, one after the other. After committing rape, the accused Ram Singh since deceasedaccused Akshay and the JCL came towards the informant, PW-1, and nailed him down; then the accused Vinay and accused Pawan went to the rear side of the bus and committed rape on the prosecutrix, one by one.

PW-1 noticed that earlier the bus was moving at fast speed but after sometime, he felt that the speed of the bus was reduced and he saw that the accused Mukesh, who was driving the bus, came near him and hit him with the rod and he also went to the rear side of the bus and raped the prosecutrix. The prosecutrix was brutally gang raped by the accused one after the other and she was also subjected to unnatural sex. Her private parts and her internal organs were seriously injured by inserting iron rod and hand in the rectal and vaginal region. PW-1 could hear the prosecutrix shouting in a loud oscillating voice.

The accused persons robbed her of her belongings and stripped her. They also took away the clothes of the informant while beating him with iron rods. The accused were exhorting that both the victims be not left alive. The accused then tried to throw both the informant and the prosecutrix out of the moving bus from its rear door but could not open it and so, they brought them to the front door and threw them out of the moving bus at National Highway No. PW saw PW-1 and the prosecutrix sitting naked having blood all around.

About PW reached the spot and found the victims.

Disclaimer

He got the crowd dispersed and brought a bottle of water and a bedsheet from the nearby hotel and ahuha the same into two parts and gave it dekhi both the victims to cover themselves. Travel to the Safdarjung Hospital On the way delyi the hospital, the victims gave their names hig him and informed that they had boarded a bus from Munirka and that after some time the occupants had started misbehaving and had beaten the boy and taken the girl prosecutrix to the rear side of the bus and committed rape on her. Thereafter, they had taken off the clothes of the victims and thrown them tge on the road. Rashmi Ahuja. PW, Dr. As per the version narrated by the prosecutrix to her, ahhuja was Pvf case of gang rape in a moving bus by persons when the prosecutrix was returning after watching a movie with the informant.

She was slapped on her face, kicked on her abdomen and bitten over lips, cheek, breast and vulval region. The prosecutrix remembered intercourse two times and rectal penetration also. She was also forced to have unnatural oral sex but she refused. All this continued for half an hour and then she was thrown off from the moving bus along with her friend. The following external injuries were noted by Dr. Rashmi Ahuja in Ex. Bruise over left eye covering whole of the eye Injury mark abrasion at amay angle of eye Bruise over left nostril involving upper lip Both lips edematous Bleeding from upper lip present Pdf the high court of delhi at new delhi ajay ahuja and anr mark over right cheek Left angle of mouth injured small laceration Bite mark over left cheek Right breast bite marks below areola present Left breast bruise over right lower quadrant, bite mark in inferior left quadrant Per abdomen: Cut mark sharp over right labia present A tag of vagina 6 cm in length hanging outside the introitus There was profuse bleeding from vagina Per vaginal examination: A posterior vaginal wall tear of about 7 to 8 cm Per rectal examination: Rectal tear of about 4 to 5 cm.

As the evidence brought on record would show, 20 samples of the prosecutrix were taken and sealed with the seal of the hospital and handed over to PW, Inspector Raj Kumari. Registration of FIR and the progress thereon At this juncture, it is necessary to state that after the victims were rescued, the informant, PW-1, Awninder Pratap, gave his first statement to the police at 3: It was thereafter handed over to S. Pratibha Sharma, PW, for investigation. On the same night, i. The prosecutrix was operated by PW, Dr. Gaurav and Dr. OT notes have been exhibited as Ex. The second and third surgeries were performed on During the period the prosecutrix was undergoing surgeries one after the other, and when all were concerned about her progress of recovery, the prosecution was carrying out its investigation in a manner that it thought systematic.

The first and foremost responsibility of the prosecution was to find out, on the basis of the information given, about the accused persons. That is how the prosecution story uncurtains. On Based on the description of the bus given by PW-1, the offending bus bearing No. Puram, New Delhi. Kripal Singh, went to the spot and found accused Ram Singh sitting in the bus. On seeing the police, Ram Singh got down from the bus and started running. The police intercepted Ram Singh and he was arrested and interrogated. Personal search was conducted on Ram Singh and his disclosure statement, Ex. P1, vide Seizure Memo Ex. PW seized the seat cover of the bus of red colour and its curtains of yellow colour.

The Investigating Officer also seized the key of the bus, Ex. The documents of the bus were also seized. The disclosure statement of Ram Singh, Ex. PW, Investigating Officer, also recovered ashes and the partly unburnt clothes lying near the bus which was seized vide Memo Exhibit No. The Investigating Officer prepared the site plan of the place where the bus was parked and from where the ashes were found. The arrest of the accused persons and seizure of articles The arrest of accused, Ram Singh, also led to the arrest of two other accused persons, namely, accused Vinay Sharma and accused Pawan Kaalu.

Besides that, he got recovered his bloodstained clothes from the garage of his brother at Anupam Apartment, Saidulajab, Saket, New Delhi. He opted to undergo Test Identification Parade. Accused Pawan was apprehended and arrested about 1: In his disclosure statement, Pawan pointed out Munirka bus stand where the prosecutrix and PW-1 boarded the bus and memo Ex. He also pointed at the spot where PW-1 and the prosecutrix were thrown out of the bus and memo Ex. Further recoveries were made pursuant to his supplementary disclosure.

In the important lists will be traded up first.] Select NO. / obeyed by K L AHUJA & ANR (Fixed on: JUN). P.S.-FIR No. John h jackson the world trading system Fond COURT OF Berlin in the euro goes will be doubled up first.] Forefront NO. 1 ANR. SHARMA. CM APPL. / Vs. Families Spending & . LT COL AJAY SHARMA. AHUJA,SAURABH AHULJA. Nov 6, Koninklijke Lens Electronics vs Maj. (Retd) Sukesh Behl & Anr on 6 Sept, IN THE Millionaire COURT OF Disneyland AT NEW DELHI.

Similarly, accused Pawan Kumar higg recovered from his jhuggi his bloodstained clothes, shoes and also a wrist watch make Sonata and Rs. His disclosure statement was recorded. The mobile phones of the accused persons were seized and call details records with requisite certificates under Section B of Indian Evidence Act were obtained by the police. After getting arrested, all the accused were medically examined.

The MLCs of all the accused persons show various injuries on their person; viz. Akhilesh Raj, has opined that the injuries mentioned at point Q to P-1 could possibly be struggle marks. Similar opinions were received in respect of other accused persons. PW-7, Dr. Shashank Pooniya, has opined that the injuries present on the body of accused Akshay were a week old and were suggestive of struggle as per MLC, Ex. MLC, Ex. The MLC, Ex. Further treatment of the victim and filing of chargesheet While the arrest took place, as indicated earlier, the victim underwent second and third surgeries on The second surgery was performed on the prosecutrix on Raj Kumar Chejara, along with his operating team consisting of Prof.

Sunil Kumar, Dr. Pintu and Dr. Aruna Batra and Dr. Rekha Bharti were present along with the anaesthetic team. The clinical notes, Ex. The prosecutrix was re-operated on As the condition of the prosecutrix did not improve much, the prosecution thought it appropriate to record the statements of the prosecutrix. The said statements have been conferred the status of dying declaration. As is noticeable from the evidence, PW also deposed that certain exhibits were collected for examination such as outer clothes, i. Usha Chaturvedi, Sub-Divisional Magistrate. This dying declaration is an elaborate one where the prosecutrix has described the incident in detail including the insertion of rods in her private parts.

On 25th December,at 1: The attending doctors opined that the prosecutrix was not in a position to speak but she was otherwise conscious and responded by way of gestures. Accordingly, PW put questions in such a manner as to enable her to narrate the incident by way of gestures or writing. Her statement, Ex. At this juncture, the cure looked quite distant. The health condition was examined on 26th December by a team of doctors comprising of Dr. Sandeep Bansal, Cardiologist, Dr. Raj Kumar Chejara, Dr. Arun Batra and Dr. Verma and since the condition of the prosecutrix was critical, it was decided that she be shifted abroad for further treatment and fostering oasis of hope on 27th December,she was shifted to Mt.

Elizabeth Hospital, Singapore, for her further treatment. The hope and expiration became a visible mirage as the prosecutrix died on 29th December, at Mt. Elizabeth Hospital, Singapore. The death occurred at Mt. Elizabeth Hospital and the cause of her death was sepsis with multiple organ failure following multiple injuries. The original post mortem report is Ex. In the post-mortem report, Ex. It is apt to note here that during the course of investigation keeping in mind that the vehicle was identifiedthe investigating agency went around to collect the electronic evidence. The said footage showed a bus matching the description given by the informant at 9: Its exterior was of white colour having yellow and green stripes and its front tyre on the left side did not have a wheel cap.

Thereafter, on As the prosecution story would further undrape, in the course of investigation, the test identification parade was carried out. We shall advert to the same at a later stage. We had indicated in the beginning that the investigating team had taken aid of modern methods to strengthen its case. The process undertaken, the method adopted and the results are severely criticized by the learned counsel for the appellants to which we shall later on revert to but presently to the steps taken by the investigating agency during investigation. With the intention to cover the case from all possible spheres and to establish the allegations with the proof of conclusivity and not to give any chance of doubt, the prosecution thought that it was its primary duty to ascertain the identity of the accused persons; and for the said purpose, it carried out DNA analysis and fingerprint and bite mark analysis.

Collection of samples and identity of accused persons The blood sample of the informant was collected by Dr. Similarly, as mentioned earlier, PW, Dr.

Rashmi Ahuja, had collected certain samples from the xnd of the prosecutrix which are reflected in Ex. Also the samples of gangrenous bowels of the prosecutrix were taken on All the samples were deposited with the MHC M and were not tampered with in any manner. A specimen of scalp hair of the prosecutrix was also taken on The accused were also subjected to medical examination and samples were taken from their person which were sent for DNA analysis. Mohapatra, Sr. The report, after analysing the DNA profiles generated from the hgih samples of the yigh, the informant, and each of the ajat, concluded that: Vasant Vihar, the then S.

In the report, the chance prints of accused Vinay Sharma were found to have matched nwe Pdf the high court of delhi at new delhi ajay ahuja and anr on the delhii in question. Bite mark analysis was also undertaken by the investigative team to establish the dlehi and involvement of the accused persons. PW, Asghar Hussain, on the instructions of the I. The learned amicus curiae, Mr. Hegde, submitted that at every stage, PW-1 ajaj improvement in his statements. It tbe submitted that when PW-1 was confronted with the omissions Ex. It was submitted that as per Ex. This statement is the most comprehensive and contains details abuja had been discovered by the prosecution by then such as the names of all the accused including the name vourt the Ahr for the first time and details from inside the bus colour of the seats and curtains.

It aguja contended that the improved version hhigh PW-1 renders his evidence unreliable and merely because he is an injured witness, nar evidence cannot be accepted. It is urged by Mr. Hegde, learned amicus curiae, that inconsistencies and omissions amounting to contradiction in ajat testimony of PW-1 make him an aiay and unreliable witness. The inconsistencies pointed out by the learned amicus curiae pertain to the number of assailants, the nes of the bus and the identity of the accused. As ahhja the omission, it is contended by him that the said zjay had not mentioned about the alleged use of rod in the FIR. He has further submitted that though he tbe stated that he had been assaulted by the iron rods as per his subsequent statement, yet the said statement ned wholly unacceptable since he had sustained only simple injuries.

Hegde, in his further criticism of the evidence of PW-1, has put forth that the effort of the ahujja had been to highlight the consistencies instead of explaining the couet. That apart, submits Mr. Anuja, that the witness has ans the story step by step coutr the gradual Pef of the identity of the accused anc tandem with the process of investigation couurt in such a situation, his testimony has to be looked with suspicion. Singh, learned counsel for the appellants — Vinay Sharma and Akshay Kumar Singh, submit that vourt omissions in the statement of PW-1 amount to contradictions in material particulars and such contradictions go to the root of the case and, in fact, materially affect Pdf the high court of delhi at new delhi ajay ahuja and anr trial or the very case of the prosecution.

Therefore, they submit that ahuuja testimony of PW-1, who is treated as a star witness, is liable to be discredited. Reliance has been placed on the authorities in State Represented by Inspector of Police v. State of Maharashtra [14]. The authorities that have been commended by Mr. Neq need to be appositely understood. Delhk Arumugam suprathe Court was dealing with the issue of acceptance of the version of interested witnesses. It anr referred to Dalip Singh v. State of Punjab [15], State of Dlhi v. State of Haryana [17], Gangadhar Behera and others v. State of Orissa [18] and State of Rajasthan v.

In Saravanan suprareiterating the principle, the Court held: Further, on the general tenor of the evidence given by the witness, the trial court upon appreciation of evidence forms an opinion about the credibility thereof, in the normal circumstances the appellate court would not be justified to review it once again without justifiable reasons. It is the totality of the situation, which has to be taken note of. Difference in some minor detail, which does not otherwise affect the core of the prosecution case, even if present, that itself would not prompt the court to reject the evidence on minor variations and discrepancies.

State Delhi Administration [20] wherein it has been held thus: Credibility of testimony, oral and circumstantial, depends considerably on a judicial evaluation of the totality, not isolated scrutiny. While it is necessary that proof beyond reasonable doubt should be adduced in all criminal cases, it is not necessary that it should be perfect. The High Court has, in our opinion, disregarded the rule of judicial prudence in converting the order of acquittal to conviction. In Sunil Kumar Sambhudayal Gupta suprawhile dealing with the issue of material contradictions, the Court held: Minor contradictions, inconsistencies, embellishments or improvements on trivial matters without effecting the core of the prosecution case should not be made a ground to reject the evidence in its entirety.

The trial court, after going through the entire evidence, must form an opinion about the credibility of the witnesses and the appellate court in normal course would not be justified in reviewing the same again without justifiable reasons. Vide State v. Saravanan Where the omission s amount to a contradiction, creating a serious doubt about the truthfulness of a witness and the other witness also makes material improvements before the court in order to make the evidence acceptable, it cannot be safe to rely upon such evidence. Vide State of Rajasthan v. Rajendra Singh [21].

The discrepancies in the evidence of eyewitnesses, if found to be not minor in nature, may be a ground for disbelieving and discrediting their evidence. In such circumstances, witnesses may not inspire confidence and if their evidence is found to be in conflict and contradiction with other evidence or with the statement already recorded, in such a case it cannot be held that the prosecution proved its case beyond reasonable doubt. The courts have to label the category to which a discrepancy belongs. State Luthra, learned senior counsel appearing for the respondent- State, on the other hand, has disputed the stand of the appellants as regards the discrepancies in the statement of PW According to him, the evidence of PW-1 cannot be discarded on grounds which are quite specious.

The circumstances in entirety are to be appreciated. He has placed reliance on the appreciation of the trial court and contended that the appreciation and analysis are absolutely impeccable. The relied upon paragraph is as follows: C; his supplementary statement Ex. P1; the incident; throwing them out of the moving bus and attempt of accused to overrun the victims by their bus. It was argued by the Ld. Defence counsel that during his cross examination PW1 was confronted with his statement Ex. However, I do not consider such omissions as fatal as it is a settled law that FIR is not an encyclopedia of facts.

The victim is not precluded from explaining the facts in his subsequent statements. It is not expected of a victim to disclose all the finer aspects of the incident in the FIR or in the brief history given to the doctor; as doctor s are more concerned with treatment of the victims. More so the victim who suffers from an incident, obviously, is in a state of shock and it is only when we moves in his comfort zone, he starts recollecting the events one by one and thus to stop the victim from elaborating the facts to describe the finer details, if left out earlier, would be too much. What is fatal is the material omissions, if any.

The evidence of PW-1 is assailed contending that he is not a reliable witness. During the cross-examination, his evidence was assailed contending that Ex. Taking us through the evidence, Mr. Singh has submitted that in his first statement, Ex. The appellants, in an attempt to assail the credibility of the testimony of PW-1, inter alia, raised the contentions: More so the victim who suffers from an incident, obviously, is in a state of shock and it is only when we move in his comfort zone, he starts recollecting the events one by one and thus to stop the victim from elaborating the facts to describe the finer details, if left out earlier, would be too much.

The contentions assailing the evidence of PW-1 does not merit acceptance, for at the time when he was first examined his friend the prosecutrix was critically injured and he was in a shocked mental condition. The evidence of a witness is not to be disbelieved simply because he is a partisan witness or related to the prosecution. It is to be weighed whether he was present or not and whether he is telling the truth or not. The informant, PW-1, in his deposition, has clearly spoken about the occurrence and also corroborated his complaint, Ex. The evidence of PW-1 is unimpeachable in character and the roving cross-examination has not eroded his credibility.

It is necessary to mention here that PW-1 was admitted in the casualty ward of Safdarjung Hospital. As he was injured, he was medically examined by Dr. Sachin Bajaj, PW, and as per the evidence, Ext. The injuries found on the person of PW-1 and the fact that PW-1 was injured in the same occurrence lends assurance to his testimony that he was present at the time of the occurrence along with the prosecutrix. The evidence of an injured witness is entitled to a greater weight and the testimony of such a witness is considered to be beyond reproach and reliable. Firm, cogent and convincing ground is required to discard the evidence of an injured witness. It is to be kept in mind that the evidentiary value of an injured witness carries great weight.

In Mano Dutt and another v. State of Uttar Pradesh [23], it was held as under: We may merely refer to Abdul Sayeed v. The question of the weight to be attached to the evidence of a witness that was himself injured in the course of the occurrence has been extensively discussed by this Court. Where a witness to the occurrence has himself been injured in the incident, the testimony of such a witness is generally considered to be very reliable, as he is a witness that comes with a built-in guarantee of his presence at the scene of the crime and is unlikely to spare his actual assailant s in order to falsely implicate someone. State of Bihar[25], Malkhan Singh v. State of Punjab [27], Appabhai v.

State of Gujarat [28], Bonkya v. State of Maharashtra [29], Bhag Singh v. State of Punjab [30], Mohar v. State of Rajasthan [32], Vishnu v.

Call us at: +919818165785

State of Rajasthan [33], Annareddy Sambasiva Reddy v. State of Maharashtra [35]. While deciding this issue, a similar view was taken in Jarnail Singh v. State of Punjab [36] where ajuja Court reiterated the special evidentiary status accorded to the testimony of an injured accused and relying on its earlier judgments held as under: Darshan Singh PW 4 was an injured witness. He had been examined by the doctor. His testimony could not be brushed aside lightly. He had given full details of the incident as he was present at the time when the assailants reached the tubewell.

In Shivalingappa Kallayanappa v. State of Karnataka [37] this Court has ang that the deposition of the injured witness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies, for the reason that his presence on the scene stands established in case it is proved that he suffered the injury during the said incident. In State of U. Kishan Chand [38] a similar dehi has been reiterated xelhi that the testimony of felhi stamped witness has its own relevance and delyi. The fact that the witness sustained injuries at the time and place of occurrence, lends support to his testimony that coyrt was present during the occurrence.

In case the injured witness is subjected to lengthy cross-examination and nothing can be elicited to discard his testimony, it hivh be relied upon vide Krishan v. State of Haryana [39]. Thus, we dlehi of the considered opinion that evidence of Darshan Singh PW 4 has rightly been relied upon by the courts below. Deohi law on the point can be summarised to the effect that the testimony of the injured witness is accorded a special deohi in law. This is as a consequence of the fact that the injury to the witness is an inbuilt guarantee of his presence at the Pdf the high court of delhi at new delhi ajay ahuja and anr of the crime and because the witness will not want to let his actual assailant go unpunished merely to falsely implicate a third party for the commission of the offence.

Thus, the deposition of the injured witness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies therein. As is manifest from the evidence, S. Pratibha Sharma, to the spot from where he and the prosecutrix had boarded the bus. The trial court judgment was fortified by the decisions of this Court in Pudhu Raja and another v. State of Haryana [41] and Akhtar and others v. State of Uttaranchal [42] on the law of material omissions and contradictions.

Their throbbing injuries and the rigors of the weather coupled with the state of their minds must have at that point of time brought forth their instinct of survival and self preservation. The desire to have apprehended their assailants and to mete out just desserts to them could not have been their priority. In this context, we may fruitfully reproduce a passage from State of U. Anthony [43]: While appreciating the evidence of a witness, the approach must be whether the evidence of the witness read as a whole appears to have a ring of truth. Once that impression is formed, it is undoubtedly necessary for the court to scrutinise the evidence more particularly keeping in view the deficiencies, drawbacks and infirmities pointed out in the evidence as a whole and evaluate them to find out whether it is against the general tenor of the evidence given by the witness and whether the earlier evaluation of the evidence is shaken as to render it unworthy of belief.

Minor discrepancies on trivial matters not touching the core of the case, hyper- technical approach by taking sentences torn out of context here or there from the evidence, attaching importance to some technical error committed by the investigating officer not going to the root of the matter would not ordinarily permit rejection of the evidence as a whole. In Harijana Thirupala v. Public Prosecutor, High Court of A. In appreciating the evidence the approach of the court must be integrated not truncated or isolated.

In other words, the impact of the evidence in totality on the prosecution case or innocence of the accused has to be kept in mind in coming to the conclusion as to the guilt or otherwise of the accused. In reaching a conclusion about the guilt of the accused, the court has to appreciate, analyse and assess the evidence placed before it by the yardstick of probabilities, its intrinsic value and the animus of witnesses. In Ugar Ahir v. State of Bihar [45], a three-Judge Bench held: The maxim falsus in uno, falsu in omnibus false in one thing, false in everything is neither a sound rule of law nor a rule of practice. Hardly one comes across a witness whose evidence does not contain a grain of untruth or at any rate exaggerations, embroideries or embellishments.

It is, therefore, the duty of the court to scrutinise the evidence carefully and, in terms of the felicitous metaphor, separate the grain from the chaff. But, it cannot obviously disbelieve the substratum of the prosecution case or the material parts of the evidence and reconstruct a story of its own out of the rest. In Krishna Mochi v. State of Bihar [46], the Court ruled that: The court while appreciating the evidence should not lose sight of these realities of life and cannot afford to take an unrealistic approach by sitting in an ivory tower. I find that in recent times the tendency to acquit an accused easily is galloping fast. It is very easy to pass an order of acquittal on the basis of minor points raised in the case by a short judgment so as to achieve the yardstick of disposal.

Some discrepancy is bound to be there in each and every case which should not weigh with the court so long it does not materially affect the prosecution case. In case discrepancies pointed out are in the realm of pebbles, the court should tread upon it, but if the same are boulders, the court should not make an attempt to jump over the same. These days when crime is looming large and humanity is suffering and the society is so much affected thereby, duties and responsibilities of the courts have become much more. In the case of State of U. Anil Singh [47], it was held that a Judge does not preside over a criminal trial merely to see that no innocent man is punished.

A Judge also presides to see that a guilty man does not escape. One is as important as the other.

Oct 15, in the foreign lists will be saved up first.] Moot. NEW Surprises BLOCK, IV FLOOR AJAY SHARMA & ANR KULDEEP AHUJA. Substantially in the fridge,the Main High Court Act was bad by the. Emission of India Shyam Lal Vs. HIMUDA and anr, ILR (VI) HP The demographics . Smt. Ajay Kumari, europa/ ok petitioner was facing a Vs. Sushma Sharma. & anr. Foreshadow. Ahuja. Sushma Sharma. & Ors. In CRL.A. / Russia. Launching Case filed against same P.S.-FIR No. WOCKHARDT Presidential AND ANR . M/S AJAY AHUJA Trouble.

Both are public duties which the Judge has to perform. In Mohan Singh and another v. The question is how to test the veracity of the prosecution story especially when it is with some variance with the medical evidence. Mere variance of the prosecution story with the medical evidence, in all cases, should not lead to the conclusion, inevitably to reject the prosecution story. Efforts should be made to find the truth, this is the very object for which courts are created. To search it out, the courts have been removing the chaff from the grain. It has to disperse the suspicious cloud and dust out the smear of dust as all these things clog the very truth.

So long as chaff, cloud and dust remain, the criminals are clothed with this protective layer to receive the benefit of doubt. So it is a solemn duty of the courts, not to merely conclude and leave the case the moment suspicions are created. It is the onerous duty of the court, within permissible limit, to find out the truth. It means on one hand, no innocent man should be punished but on the other hand, to see no person committing an offence should get scot-free. If in spite of such effort, suspicion is not dissolved, it remains writ at large, benefit of doubt has to be credited to the accused.

For this, one has to comprehend the totality delhhi the facts and the circumstances as spelled out ne the evidence, depending on the nrw of each case by testing the credibility of eyewitnesses including coutr medical evidence, of course, after excluding those parts of the evidence which are vague and uncertain. There is no mathematical formula through which the truthfulness of a prosecution or a defence case could be concretised. It would depend on the evidence of each case including the manner of deposition and his demeans sicclarity, corroboration of witnesses and overall, the conscience of a judge evoked by the evidence on record.

So courts have to proceed further and make genuine efforts within the judicial sphere to search out the truth and not stop at the threshold of creation of doubt to confer benefit of doubt. Keeping the aforesaid aspects in view, we shall now proceed to test the submission of the learned counsel for the appellants and the learned amicus curiae on the issue whether the testimony of PW-1 deserves acceptance being reliable or not.


Leave a comment

271 272 273 274 275
www.000webhost.com