Case Note & Summary
The present criminal appeals were preferred by the appellants-accused under Section 374 of the Code of Criminal Procedure, 1973, against the judgment of conviction and order of sentence dated 21.01.2017 passed by the learned 2nd Additional Sessions Judge, Ankleshwar in Sessions Case No. 21/2015. The appellants were convicted for offences punishable under Sections 302 read with 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act. The learned Sessions Court sentenced the appellants to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each, in default to further undergo one year's rigorous imprisonment for the offence under Section 302 read with Section 114 IPC, and to undergo rigorous imprisonment for four months and to pay a fine of Rs. 100/- each, in default to undergo one month rigorous imprisonment for the offence under Section 135 of the Gujarat Police Act. The substantive sentences were ordered to run concurrently. The case of the prosecution was that the two accused, Ajaybhai alias Bodko Rameshbhai Vasava and Pintubhai alias Kaliyo Dolubhai Vasava, both residents of Dansoli village, Taluka Valiya, District Bharuch, had been persistently harassing and teasing the deceased Parvatiben, a woman who was living alone with her daughter, the complainant Mograben, at the same village. The accused frequently visited Parvatiben's house, made indecent demands and advances for sexual acts, abused her with filthy language, and subjected her to continuous molestation and harassment. On the morning of 28.09.2014, when the complainant Mograben returned home after completing her work, she found her mother Parvatiben present at home along with both the accused. The accused were then seen leaving the house, and later the deceased was found dead. The prosecution relied on the last seen theory and circumstantial evidence. The court, after re-appreciating the evidence, found that the evidence of the complainant and other witnesses was inconsistent and unreliable. The absence of independent public witnesses also weakened the prosecution's case. The court held that the prosecution had failed to prove its case beyond reasonable doubt and acquitted the appellants, giving them the benefit of doubt.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - The prosecution relied on the last seen theory and circumstantial evidence to prove the murder of Parvatiben. The court held that the evidence of the complainant and other witnesses was inconsistent and unreliable, and the absence of independent public witnesses weakened the prosecution's case. The court acquitted the appellants giving them the benefit of doubt. (Paras 1-27) B) Criminal Procedure - Appeal Against Conviction - Section 374 CrPC - The appellants appealed against the conviction under Section 374 of the Code of Criminal Procedure, 1973. The court, after re-appreciating the evidence, found that the prosecution had not proved its case beyond reasonable doubt and set aside the conviction. (Paras 1-27)
Issue of Consideration
Whether the conviction of the appellants under Sections 302 read with 114 IPC and Section 135 of the Gujarat Police Act is sustainable based on the evidence on record.
Final Decision
The appeals are allowed. The judgment of conviction and order of sentence dated 21.01.2017 passed by the learned 2nd Additional Sessions Judge, Ankleshwar in Sessions Case No. 21/2015 is set aside. The appellants are acquitted of all charges. They are ordered to be set at liberty forthwith if not required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Absence of public witness
- Last seen theory
- Circumstantial evidence
- Section 302 IPC
- Section 114 IPC
- Section 135 Gujarat Police Act
