State of Gujarat Vs. Kishanbhai Etc.
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Head Note
Criminal Laws - Criminal investigation
Failure in prosecution - (obiter) on completion of investigation in a criminal case, prosecuting agency should apply its independent mind, and require all shortcomings to be rectified, if necessary by requiring further investigation - Every State should put in place a procedural mechanism, which would ensure that cause of justice was served, which would simultaneously ensure safeguard of interest of those who were innocent - Direction issued to Home Department of every State, to examine all orders of acquittal and to record reasons for the failure of each prosecution case - A standing committee of senior officers of police and prosecution departments, should be vested with aforesaid responsibility - Home Department of every State Govt. should incorporate in its existing training programmes for junior investigation/prosecution officials course-content drawn from the above consideration - Further directed that training programme be put in place within 6 months - Direction issued to Home Department of every State Govt, to formulate a procedure for taking action against all erring investigating/prosecuting officials/officers - All such erring officials/officers identified, as responsible for failure of a prosecution case, on account of sheer negligence or because of culpable lapses, should suffer departmental action - Appeal dismissed.
Indian Penal Code,1860 - Section 376 , Section 302
Circumstantial evidence - Acquittal by HC - Sustainability - Respondent allegedly raped and murdered the deceased minor - Trial Court convicted respondent u/ss. 376, 302 IPC and sentenced him to death - Held, prosecution projected a version including an act of rape, which was impossible to accept on the touchstone of logic and common sense - Absence of semen or blood from pubic hair of respondent, would prima facie exculpate him from offence of rape - Factual position expressed by PW2 complainant was absolutely incorrect, and contrary to real factual position - Occurrence had come to knowledge of a large number of persons constituting search party, when victim's body was found on field - However, even before that, respondent was already in police custody - There was no occasion for panchas to have known, that victim used to wear silver anklets - Hence, there was no occasion for panchas to have recorded that silver anklets had been taken away by offender - Delay of seven hours in registration of complaint rendered extremely suspicious - PW13 (IO) did not make any note either in station diary or in any other register; he did not take any informal complaint from complainant - PW13 left police station without making an entry depicting purpose of his departure - Version suspicious - Hence, impugned HC order was upheld - Appeal dismissed.
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