Case Note & Summary
The appellant, Sou.Bhikabai Bhagwan Herode, was convicted by the trial court under Section 307 of the Indian Penal Code, 1860 for allegedly pushing the victim, Jayashree, into a dry well on 12 March 2006. The prosecution case was that during a quarrel at a public tap, the appellant pushed the victim into a fifty-foot deep well, causing severe injuries. The victim was rescued by her brother and Nagorao. The trial court disbelieved the eye witnesses but convicted the appellant based on the victim's testimony and corroboration from PW5, doctors, and the investigating officer. The appellant appealed to the High Court. The High Court found that the victim's testimony was not reliable as she had not named any eye witnesses in her FIR, and her version was contradicted by other evidence. The court held that the prosecution failed to prove the case beyond reasonable doubt and acquitted the appellant, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Conviction based on sole testimony of victim - Held that the testimony of the victim must be reliable and corroborated by other evidence; in this case, the victim's testimony was found to be improbable and contradictory, and the prosecution failed to prove the case beyond reasonable doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 307 of the Indian Penal Code, 1860 based on the sole testimony of the victim and other circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Sole testimony of victim must be corroborated in attempt to murder cases
- Conviction cannot be based on improbable and contradictory evidence
- Benefit of doubt must be given to accused when prosecution fails to prove case beyond reasonable doubt
Case Details
2018 LawText (BOM) (06) 166
Criminal Appeal No. 230/2007
Mrs. Deepa I. Charlewar for the appellant, Mrs. Shamsi Haider, Additional Public Prosecutor for the respondent
Sou.Bhikabai Bhagwan Herode
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against conviction for attempt to murder
Remedy Sought
Appellant sought acquittal from conviction under Section 307 IPC
Filing Reason
Appellant was convicted by trial court for pushing victim into a dry well
Previous Decisions
Trial court convicted appellant under Section 307 IPC and sentenced to five years rigorous imprisonment
Issues
Whether the conviction under Section 307 IPC is sustainable based on the evidence on record
Submissions/Arguments
Appellant argued that the prosecution case was not proved beyond reasonable doubt
Respondent argued that the evidence of the victim and other witnesses was sufficient to sustain conviction
Ratio Decidendi
The sole testimony of the victim must be reliable and corroborated; in this case, the victim's testimony was found to be improbable and contradictory, and the prosecution failed to prove the case beyond reasonable doubt, entitling the appellant to acquittal.
Judgment Excerpts
The appellant herein has been convicted by the impugned judgment and order passed by the Court of Adhoc Additional Sessions Judge, Akot (Trial Court) for offence under Section 307 of the Indian Penal Code (I.P.C.)
The trial Court found that the evidence of the complainant (PW1) read with the evidence of PW5-Nagorao, person who helped in bringing the injured complainant out of the well, the Doctors (PW9 and PW12) and the Investigating Officer (PW14) was sufficient to prove the prosecution case.
Procedural History
The appellant was convicted by the Court of Adhoc Additional Sessions Judge, Akot on an unspecified date. The appellant filed Criminal Appeal No. 230/2007 before the Bombay High Court, Nagpur Bench, which was decided on 27 June 2018.
Acts & Sections
- Indian Penal Code, 1860: 307, 294
