Search By Topic: Criminal Procedural Law

161. (P&H HC) 30-01-2024

A. Punjab Courts Act, 1918 (6 of 1918), Section 41 – Code of Civil Procedure, 1908 (V of 1908), Section 100 – Regular Second Appeal – Interference in finding on facts – Sub-clause No.(c) of Section 41 (1) of the Punjab Courts Act, 1918, enables the High Court for the States of Punjab, Haryana and Union Territory, Chandigarh, to reappreciate the evidence, if the decision is suffering from substantial error or defect resulting in defect in the decision of the case -- Consequently, it is permissible for the Court while deciding second appeal to re-appreciate the evidence if the decisions of the Courts suffer from perversity --  However, it is not permissible to interfere if two views are possible -- Interference in the second appeal has to be restricted to rare and exceptional cases where the court finds that the findings of fact stand vitiated by erroneous approach based on miss application of evidence or reliance on inadmissible evidence.

(Para 14, 15)

B. Indian Evidence Act, 1872 (1 of 1872), Section 45, 73 – Agreement to sell – Handwriting expert -- It is well settled that invariably the Handwriting and Finger Print Expert gives a favourable opinion to the person who has engaged him – U/s 73 of the Indian Evidence Act, 1872, the Presiding Judge is not debarred from carefully comparing the signatures and finger prints on various documents -- Adverse inference could not be drawn against the defendants for failure to examine Handwriting and Fingerprint Expert.

(Para 27(17))

C. Indian Evidence Act, 1872 (1 of 1872), Section 32, 33 – Code of Criminal Procedure, 1973 (2 of 1974), Section 313 -- Statement u/s 313 Cr.P.C was neither relevant nor admissible in evidence as the plaintiff failed to fulfill the requirements of Section 32 and 33 of the Indian Evidence Act, 1872.

(Para 27(18))

D. Agreement to sell -- Examination of the regular scribe was important.

(Para 27(21))

177. (SC) 04-01-2024

A. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Circumstantial evidence -- Normal approach in a case based on circumstantial evidence is that the circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established.

(Para 9)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 161 – Statement u/s 161 Cr.P.C – Involvement of accused during deposition -- If the PWs had failed to mention in their statements u/s 161 CrPC about the involvement of an accused, their subsequent statement before court during trial regarding involvement of that particular accused cannot be relied upon.

(Para 26)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 161 – Statement u/s 161 Cr.P.C – Improved fact during deposition -- Prosecution cannot seek to prove a fact during trial through a witness which such witness had not stated to police during investigation -- The evidence of that witness regarding the said improved fact is of no significance.

(Para 26)

D. Indian Evidence Act, 1872 (1 of 1872), Section 136 -- Illiterate witness – Appreciation of evidence led by such a witness has to be treated differently from other kinds of witnesses -- It cannot be subjected to a hyper-technical inquiry and much emphasis ought not to be given to imprecise details that may have been brought out in the evidence -- If there were minor contradictions and inconsistencies, that could have been ignored since the recollection of exact details as to location and time can be attributed to the lack of literacy.

(Para 27, 28)

E. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Circumstantial evidence -- PW-5, a chance witness was in his village, answering the call of nature at 6 am, at which point he claimed to have seen the accused persons going in a jeep -- The side-on view would have been only for a couple of seconds at best, since they were travelling in a jeep – It is not safe to rely on this testimony solely to prove that the appellant was escaping after having murdered his wife.

(Para 29)

F. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 313 – Indian Penal Code, 1860 (45 of 1860), Section 302, 34 -- Murder – Circumstantial evidence -- Explanation u/s 313 Cr.P.C. -- Main principle to be satisfied in a case of conviction based on circumstantial evidence is that the proved circumstances must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused but should be inconsistent with his innocence – There was alive a strong hypothesis that the deceased had committed suicide, which explanation was led by the appellant in his statement u/s 313 CrPC, and it is sufficient to create a doubt.

(Para 30)

G. Code of Criminal Procedure, 1973 (2 of 1974), Section 313 – Statement u/s 313 Cr.P.C. – Evidential value -- Statement of an accused under Section 313 CrPC is no ‘evidence’ because, firstly, it is not on oath and, secondly, the other party i.e. the prosecution does not get an opportunity to cross examine the accused – It cannot form the sole basis of conviction.

(Para 32, 33)

199. (P&H HC) 06-12-2023

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 144 – Indian Penal Code, 1860 (45 of 1860), Section 188 – Constitution of India, Article 21 -- Prohibition order u/s 144 Cr.P.C. – Violation of – FIR u/s 188 IPC  -- Peaceful protest -- More than 100 persons had died in the State of Punjab due to illicit and spurious liquor -- Being public representatives, the petitioners were peacefully going to meet the Chief Minister of Punjab to bring his attention to their grievances -- Petitioners had every right to protest democratically, and they did so in peace -- Merely bringing the Chief Minister of Punjab's attention to an important issue through a peaceful protest does not amount to an offence under section 188 IPC.

(Para 11-13)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 144 – Indian Penal Code, 1860 (45 of 1860), Section 188 – Constitution of India, Article 21 – Mens rea – Peaceful protest -- It is sufficient that the offender knows of the order they disobey and that such disobedience produced or is likely to produce harm -- State has not gathered any evidence to primafacie establish the essential ingredients and what disobedience the petitioner caused in this regard -- An offence u/s 188 of the IPC is not made out.

(Para 17)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 144, 173, 190, 195 – Indian Penal Code, 1860 (45 of 1860), Section 188 – FIR u/s 188 IPC  -- Bar of Section 195 CrPC – Prosecution launched on police report u/s 173 (2) CrPC for the commission of an offence punishable u/s 188 IPC, whereas section 195(1)(a)(i) bars the Court from taking cognizance of any offence punishable u/s 188 of the IPC unless there is written complaint by the public servant concerned for contempt of their lawful order -- Police report, being not a complaint, could not have been made the basis for taking cognizance of the offence u/s 188 of the IPC, and the concerned Court had no jurisdiction to summon the accused -- Order of dismissal of the application for discharge violates the mandatory provision of section 195(1) of CrPC, 1973 -- Complaint and the police report (Challan) u/s 173 CrPC filed in FIR quashed and set aside.

(Para 18-26)