S.C power of appreciation evidence in SLP
11. As noticed, the Trial Court and the High Court have concurrently recorded the findings in this case that the prosecution has been able to successfully establish the chain of circumstances leading to the only conclusion that the appellant is guilty of the offence of murder of her daughter. The concurrent findings leading to the appellant’s conviction have been challenged in this appeal as if inviting re-appreciation of entire evidence. Though the parameters of examining the matters in an appeal by special leave under Article 136 of the Constitution of India have been laid down by this Court in several decisions but, having regard to the submissions made in this case, we may usefully reiterate the observations in the case of Pappu v. The State of Uttar Pradesh: (2022) 10 SCC 321 wherein, after referring to Articles 134 and 136 of the Constitution of India and Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 as also with a detailed reference to the relevant decisions, this Court has summed up the subtle distinction in the scope of a regular appeal and an appeal by special leave as follows: –
“71.…. In such an appeal by special leave, where the trial court and the High Court have concurrently returned the findings of fact after appreciation of evidence, each and every finding of fact cannot be contested nor such an appeal could be dealt with as if another forum for reappreciation of evidence. Of course, if the assessment by the trial court and the High Court could be said to be vitiated by any error of law or procedure or misreading of evidence or in disregard to the norms of judicial process leading to serious prejudice or injustice, this Court may, and in appropriate cases would, interfere in order to prevent grave or serious miscarriage of justice but, such a course is adopted only in rare and exceptional cases of manifest illegality. Tersely put, it is not a matter of regular appeal. This Court would not interfere with the concurrent findings of fact based on pure appreciation of evidence nor it is the scope of these appeals that this Court would enter into reappreciation of evidence so as to take a view different than that taken by the trial court and approved by the High Court.”
11.1. This proposition has been recapitulated in the case of Mekala Sivaiah v. State of Andhra Pradesh: (2022) 8 SCC 253, in the following words: –
“15. It is well settled by judicial pronouncement that Article 136 is worded in wide terms and powers conferred under the said Article are not hedged by any technical hurdles. This overriding and exceptional power is, however, to be exercised sparingly and only in furtherance of cause of justice. Thus, when the judgment under appeal has resulted in grave miscarriage of justice by some misapprehension or misreading of evidence or by ignoring material evidence then this Court is not only empowered but is well expected to interfere to promote the cause of justice. 16. It is not the practice of this Court to re-appreciate the evidence for the purpose of examining whether the finding of fact concurrently arrived at by the trial court and the High Court are correct or not. It is only in rare and exceptional cases where there is some manifest illegality or grave and serious miscarriage of justice on account of misreading or ignoring material evidence, that this Court would interfere with such finding of fact.”
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Circumstantial evidence
12.1. The principles explained and enunciated in the case of Sharad Birdhichand Sarda (supra) remain a guiding light for the Courts in regard to the proof of a case based on circumstantial evidence. Therein, this Court referred to the celebrated decision in the case of Hanumant v. State of Madhya Pradesh: AIR 1952 SC 343 and deduced five golden principles of proving a case based on circumstantial evidence….
Omissions
12.2. As regards inconsistencies and/or discrepancies in the version of the witnesses, in the case of Shyamal Ghosh (supra) this Court has explained the distinction between serious contradictions and omissions which materially affect the prosecution case and marginal variations in the statement of witnesses….
Concurrent findings
12.3. In the case of Bharwada Bhoginbhai Hirjibhai (supra), this Court has explained that concurrent findings of fact cannot be reopened in an appeal by special leave unless shown to be based on no evidence or inadmissible evidence or being perverse or suffering from disregard of some vital piece of evidence.
Appreciation of evidence of close relatives
12.5. As regards the approach towards the appreciation of the evidence of closely related witnesses, in the case of Gangabhavani (supra), this Court has explained the principles as follows: –
“15…..It is a settled legal proposition that the evidence of closely related witnesses is required to be carefully scrutinised and appreciated before any conclusion is made to rest upon it, regarding the convict/accused in a given case. Thus, the evidence cannot be disbelieved merely on the ground that the witnesses are related to each other or to the deceased. In the case the evidence has a ring of truth to it, is cogent, credible and trustworthy, it can, and certainly should, be relied upon. (Vide Bhagaloo Lodh v. State of U.P.) [(2011) 13 SCC 206]”.
Impact of accused maintained silence during 313 questioning
12.6. In the case of Ramnaresh (supra), this Court has, though recognised the right of the accused to maintain silence during investigation as also before the Court in the examination under Section 313 CrPC but, at the same time, has also highlighted the consequences of maintaining silence and not availing opportunity to explain the circumstances appearing against him, including that of the permissibility to draw adverse inference in accordance with law.
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Section 106 I.E.A: Burden of proof on accused
12.8. In Satye Singh and Anr. v. State of Uttarakhand: (2022) 5 SCC 438, where the prosecution failed to prove the basic facts as against the accused, this Court emphasised that Section 106 of the Evidence Act does not relieve the prosecution of its primary duty to prove the guilt of the accused as follows: –
“19. …the Court is of the opinion that the prosecution had miserably failed to prove the entire chain of circumstances which would unerringly conclude that alleged act was committed by the accused only and none else. Reliance placed by learned advocate Mr. Mishra for the State on Section 106 of the Evidence Act is also misplaced, inasmuch as Section 106 is not intended to relieve the prosecution from discharging its duty to prove the guilt of the accused….”
12.9. Apart from the above, we may also usefully take note of the decision of this Court in the case of Sabitri Samantaray v. State of Odisha: 2022 SCC OnLine SC 673. In that case based on circumstantial evidence, with reference to Section 106 of the Evidence Act, a 3-Judge Bench of this Court has noted that if the accused had a different intention, the facts are specially within his knowledge which he must prove; and if, in a case based on circumstantial evidence, the accused evades response to an incriminating question or offers a response which is not true, such a response, in itself, would become an additional link in the chain of events.
Findings
21. In an overall comprehension of the material on record and the findings recorded by the Trial Court and the High Court, in our view, no case for interference with the concurrent findings of fact is made out.
Party
VAHITHA vs. STATE OF TAMIL NADU – CRIMINAL APPEAL NO. 762 OF 2012 – FEBRUARY 22, 2023.
https://main.sci.gov.in/supremecourt/2010/20227/20227_2010_6_1501_42094_Judgement_22-Feb-2023.pdf
vahitha-vs.-state-of-t.n
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