Case Note & Summary
The State, through the Public Prosecutor, filed a Criminal Miscellaneous Application seeking leave to appeal against the judgment and order dated 31 December 2004 passed by the learned Judicial Magistrate First Class (J.M.F.C.), Mapusa, acquitting the respondents (accused) of offences under Sections 323, 324 read with 34 of the Indian Penal Code (IPC). The prosecution's case was that on 26 February 1999, the complainant Subhada Sawant was called by the S.D.P.O. of Mapusa, Shri Ibrahim Khatib, in connection with a complaint she had made against her husband and in-laws. The inquiry was entrusted to accused no. 1 (Avinash Naik) and accused no. 2 (Smt. Ratan Fatarpekar), who, under the pretext of conducting an inquiry, subjected the complainant to humiliation, ill-treatment, and torture. They allegedly assaulted her by inflicting 10 burn injuries with lighted cigarettes on her hand and back between 16.30 and 20.00 hours, and threatened to arrest her on flimsy grounds. Accused no. 3 (Gajanan Sawant), the complainant's brother-in-law, also allegedly assaulted her with slaps in the presence of the other accused. The prosecution examined 20 witnesses, including the complainant (PW5) and her sister (PW4 Darshana Bandekar). The trial court acquitted all accused, observing that the evidence of PW4 and PW5 could not be accepted to justify a conviction, that there were unsatisfactory features creating doubt, and that the prosecution case was inherently incredible and not in accordance with the normal conduct of the witnesses. The High Court, after considering the application, found no grounds to interfere with the acquittal and dismissed the application for leave to appeal.
Headnote
A) Criminal Procedure - Appeal against acquittal - Leave to appeal - The State sought leave to appeal against acquittal of accused under Sections 323, 324 r/w 34 IPC - Trial court found prosecution evidence inherently incredible and not in accordance with normal conduct - High Court dismissed the application, holding that no grounds for interference were made out (Paras 1-4).
Issue of Consideration
Whether the State should be granted leave to appeal against the acquittal of the accused under Sections 323, 324 read with 34 IPC, given the trial court's finding that the prosecution evidence was inherently incredible and not in accordance with normal conduct.
Final Decision
The High Court dismissed the application for leave to appeal, finding no grounds to interfere with the acquittal.
Law Points
- Appeal against acquittal
- Leave to appeal
- Inherently incredible evidence
- Normal conduct of witnesses
- Sections 323
- 324 r/w 34 IPC
