Case Note & Summary
The State of Gujarat appealed against the acquittal of nine accused persons in Sessions Case No.163 of 2002 arising out of the Godhra riots of 28 February 2002. The prosecution alleged that a mob of about 700 Hindu persons attacked a Muslim locality in Dhansura, setting fire to houses, a flour mill, a provision store, and a mosque, and causing the death of Maulavi Yunus Ali. The FIR was lodged by a complainant who named 11 accused. After investigation, chargesheet was filed under Sections 143, 147, 148, 149, 435, 436, 295(a), 302, 325 IPC and Section 135 of the Bombay Police Act. The trial court acquitted all accused on 10 June 2003, finding the evidence insufficient. The High Court, in appeal, examined the testimonies of prosecution witnesses, including the complainant and other eyewitnesses. It noted that the incident occurred in a large mob, and the witnesses could not specifically identify the accused persons. No test identification parade was conducted, and no incriminating articles were recovered from the accused. The court found that the trial court's appreciation of evidence was not perverse and that the prosecution failed to prove its case beyond reasonable doubt. The appeal was dismissed, and the acquittal was confirmed. The appeal abated against two accused who died during pendency.
Headnote
A) Criminal Law - Appeal against Acquittal - Section 378 CrPC - Standard of Proof - In an appeal against acquittal, the appellate court should not interfere unless the findings of the trial court are perverse or based on no evidence. The prosecution must prove its case beyond reasonable doubt. (Paras 1, 13) B) Criminal Law - Identification of Accused - Rioting Cases - In a large mob of 700 people, mere naming of accused in FIR without corroborative evidence like test identification parade or recovery of incriminating articles is insufficient to sustain conviction. (Paras 8-12) C) Criminal Law - Offences under Sections 143, 147, 148, 149, 435, 436, 295(a), 302, 325 IPC and Section 135 Bombay Police Act - Unlawful Assembly - The prosecution failed to establish that the accused were part of the unlawful assembly or committed the alleged acts. Acquittal upheld. (Paras 13-14)
Issue of Consideration
Whether the judgment of acquittal passed by the learned Sessions Court is perverse and liable to be set aside in appeal under Section 378 of the Code of Criminal Procedure, 1973.
Final Decision
The appeal is dismissed. The judgment and order of acquittal dated 10/06/2003 passed by the learned Additional Sessions Judge, (Fast Track Court) Sabarkantha at Modasa in Sessions Case No.163 of 2002 is confirmed. The appeal stands abated qua original accused No.3 and 5 who expired during pendency.
Law Points
- Appeal against acquittal
- Section 378 CrPC
- standard of proof
- identification of accused
- rioting
- murder
- arson
- benefit of doubt
