Appreciation of acquittal judgment by high court
27. We have referred to the entire evidence. The Trial Court acquitted the accused. The jurisdiction of the Appellate Court, when it deals with such an order, is no longer res integra and is subject matter of catena of decisions of this Court.
28. In Upendra Pradhan v. State of Orissa [(2015) 11 SCC 124], this Court took the view that if there is benefit of doubt, it must go to the accused, and in case of two views, the view that favours the accused, should be taken, which was more so where the Trial Court’s decision was not manifestly illegal, perverse and did not cause miscarriage of justice.
29. In Dilawar Singh and others v. State of Haryana [(2015) 1 SCC 737], this Court took the view that court will not interfere with the verdict of acquittal merely because on evaluation of evidence, a different plausible view may arise. Very substantial and compelling reasons must exist with the Appellate Court to interfere with an acquittal.
[Also see: Gamini Bala Koteswara Rao and others v. State of Andhra Pradesh Through Secretary (AIR 2010 SC 589)]
How to appreciate both chief & cross (includes re-examination)
Cross-examination: Nothing comes out in cross
49. In this case, we notice that the High Court has referred to the contents of the chief examination of the witnesses. Thereafter, it has been stated that the witnesses have been cross-examined at length but nothing has come out in evidence which would create any doubt in his evidence. The witnesses are declared as being found reliable and believable. We have noted the facts in this case.
50. Truth in a criminal trial is discovered by not merely going through the cross-examination of the witnesses. There must be an analysis of the chief examination of the witnesses in conjunction with the cross examination and the re-examination, if any. The effect of what other witnesses have deposed must also enter into consideration of the matter. On the one hand, the laudable object underlying Section 304B of the IPC is not to be lost sight of. On the other hand, it is equally important that the Appellate Court must not be oblivious to the fact what it is duty bound to find is whether an offence is committed or not and such a pursuit also would embrace the duty of the court to apply its mind to the evidence as a whole and arrive at conclusions as to facts and inferences therefrom as well. After all, at stake for the accused are, priceless rights to liberty, reputation and the right to life, not only of himself but also his family members. The Law Giver, has contemplated that the High Court will be the final arbiter of facts and even of law. The jurisdiction of the Apex Court was deliberately limited to the extra ordinary powers it enjoys under Article 136 of the Constitution of India unless it be exercised under other provisions. What we wish to emphasise is that the cause of justice and the interest of litigants would be better subserved if the Appellate Court takes a closer look, in particular of the cross-examination of the witnesses and analyse the same.
Charge framed
51. There is yet another important aspect in this matter. It is true that the deceased died on 05.06.1991 which was within seven years of marriage. It is equally true that her death was due to burning and she committed suicide. It is not a case where the accused stood charged under any provision except Section 304B read with Section 34 of the IPC and Section 306 read with Section 34 of the IPC. The case of abetting suicide under Section 306 read with Section 34 of the IPC has been found unacceptable both by the Trial court and the High Court and the appellants stand acquitted.
Section 304-B IPC: Sexual harassment: Mental cruelty: Ireelevant to s. 304-B IPC
52. A perusal of the impugned judgment of the High Court would show, that accepting the version of the prosecution witnesses, the High Court has been persuaded to hold inter alia that the second accused also harassed her by asking her to provide liquor in the glass, and after taking liquor, in the state of intoxication, he used to ask her to sleep with him. On her refusal, it was found that she was subjected to mental cruelty. Reference was made to evidence of PW4-father of the deceased that after he came back from Mumbai, he came to know that the second accused was taking liquor and trying to commit rape and also used to harass her for television and VCR due to which she committed suicide.
53. The High Court was in clear error in taking into consideration the evidence relating to harassment by the second accused on the basis that he, in the state of intoxication, asked her to sleep with him, and on that basis, she was subjected to mental cruelty. The said evidence is totally irrelevant and foreign to the scope of a trial for the offence under Section 304B of the IPC. It does not relate, at all, to the demand for dowry.
Party
GIRISH SINGH vs. THE STATE OF UTTARAKHAND – (Criminal Appeal No. 1475 of 2009) – JULY 23, 2019
