Case Note & Summary
The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 09.07.1998 passed by the learned Additional Sessions Judge, Mehsana in Sessions Case No.186 of 1995. The respondent-accused, Parmar Rajubhai Varubhai, was acquitted of offences punishable under Sections 302 and 452 of the Indian Penal Code, 1860. The prosecution case was that on 08.06.1995 at about 23:45 hours, in Harijan Vas of Village Vasai, Tal. Vijapur, the accused took Minaben, daughter of the complainant Jenabhai, into the last room of the house, locked the door from inside, poured kerosene on her and set her ablaze. The trial court acquitted the accused on the ground that the evidence, including the dying declaration, was not reliable and the prosecution failed to prove its case beyond reasonable doubt. The High Court, after re-appreciating the evidence, held that the trial court's view was plausible and not perverse. The dying declaration was found to be unreliable as it was made after a long gap and there were contradictions. The circumstantial evidence did not form a complete chain pointing to the guilt of the accused. The appeal was dismissed and the acquittal was confirmed.
Headnote
A) Criminal Law - Appeal against Acquittal - Section 378 CrPC - Standard of Review - The High Court in an appeal against acquittal can interfere only if the trial court's view is perverse or unreasonable, not merely because a different view is possible - Held that the trial court's appreciation of evidence was plausible and not perverse (Paras 1-18). B) Evidence Law - Dying Declaration - Reliability - A dying declaration must be free from tutoring and must be consistent with other evidence - Held that the dying declaration in this case was not reliable as it was made after a long gap and there were contradictions (Paras 10-15). C) Criminal Law - Circumstantial Evidence - Murder - Sections 302, 452 IPC - The chain of circumstances must be complete and must point only to the guilt of the accused - Held that the prosecution failed to establish a complete chain of circumstances (Paras 16-18).
Issue of Consideration
Whether the judgment of acquittal passed by the trial court was perverse or unreasonable, warranting interference by the High Court under Section 378 of the Code of Criminal Procedure, 1973.
Final Decision
The High Court dismissed the appeal and confirmed the acquittal of the respondent-accused.
Law Points
- Appeal against acquittal
- Section 378 CrPC
- presumption of innocence
- standard of proof in criminal appeal
- dying declaration
- circumstantial evidence
- benefit of doubt
