Back
SUPREME COURT OF INDIA
Dipak Misra, A.M. Khanwilkar, Mohan M. Shantanagoudar, JJ.
Pawan Kumar – Appellant
Versus
State of H.P. – Respondent
CRIMINAL APPEAL NO. 775 OF 2017 (arising out of S.L.P. (Crl) No. 8998 of 2016)
Decided On : 28-04-2017
(1971) 3 SCC 577; (1973) 2 SCC 793; (2005) 9 SCC 291; (2007) 7 SCC 625; (2008) 3 SCC 351; (2004) 5 SCC 573; (2007) 4 SCC 415 – Relied upon
(b) Indian Evidence Act, 1872 – Section 32 – Head Constable recording dying declaration as narrated by deceased – Deceased also writing few words about the accused – Dying declaration recorded in presence of the doctor – Doctor appending his signature on the declaration instead of giving a certificate of fitness of deceased – Sufficient in law – Law does not require a certificate of fitness for recording dying declaration – There cannot be an absolute rule that a person suffering 80% burn injuries cannot give a dying declaration. (Para 25, 27)
(2002) 6 SCC 710; (2010) 9 SCC 1; (2015) 4 SCC 749 – Relied upon
(2016) 4 SCC 583 – Referred
(c) Criminal trial – Conviction – An accused can be convicted solely on the basis of dying declaration if reliable – Instantly, dying declaration corroborated by other evidence – No error in conviction – Section 32, Indian Evidence Act, 1872. (Para 28)
(d) Criminal trial – Appreciation of evidence – Parents of deceased complaining to President of panchayat – The President in turn, reprimanding the accused – All these proved in oral evidence – Cannot be brushed aside merely because the parents did not make the complaint in writing. (Para 29)
(e) Indian Penal Code, 1860 – Section 307 – Abetting suicide – Conviction u/s 307 – Not sustainable mere allegation of harassment without any positive action in proximity to the time of occurrence on the part of the accused that led a person to commit suicide – Accused, by his acts and continuous course of conduct creating such a situation leaving no option for the deceased but to commit suicide – Victim not hypersensitive to ordinary petulance, discord and difference in domestic life – On the other hand, accused playing active role in tarnishing the self-esteem and self-respect of the victim driving her to commit suicide – Held, accused rightly convicted by High Court. (Para 41, 42,)
(2009) 16 SCC 605; (2004) 13 SCC 129; (2012) 9 SCC 734; (2010) 1 SCC 707; (2007) 10 SCC 797; (2009) 4 SCC 52; (2005) 2 SCC 659 – Relied upon
(f) Eve teasing – Five classes recognised including verbal eave teasing – A woman has absolute right to refuse to be compelled to love – Constitution of India, Article 15 and 21. (Para 45, 46)
(2013) 1 SCC 598 – Relied upon
Facts of the case:
A young girl (now deceased) in the middle of her teens, fell in love with the accused-appellant and eloped with him. The accused was booked for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code (IPC). She stood behind him support which consequently led to his acquittal.
The accused-appellant thereafter started threatening the girl and continued eve-teasing as a matter of routine.
Ultimately the girl burn herself by pouring kerosene on her body.
The trial court acquitted the accused-appellant but the High Court reversed the judgment and convicted the accused-appellant u/s 306 IPC.
Finding of the Court:
High Court rightly reversed the judgment of the trial court.
Result: Appeal dismissed.
JUDGMENT
Dipak Misra, J.
The present appeal, by special leave, depicts the sorrowful story of a young girl, in the middle of her teens, falling in love with the accused-appellant and driven by the highest degree of youthful fixation, elopes with him, definitely in complete trust, and after the accused is booked for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code (IPC), she stands behind him like a colossus determined to support which consequently leads to his acquittal. In all possibility, she might have realized that the accused should not be punished, for she was also equally at fault. Be that as it may, as per the prosecution version, he was extended the benefit of acquittal.
2. The sad story gets into a new and different beginning. The accused feels that he has been prosecuted due to the prosecutrix and gets obsessed with idea of threatening the girl and that continues and eventually eve-teasing becomes a matter of routine. Here, as the exposition of the prosecution uncurtains, a situation is created by the accused which becomes insufferable, where the young girl feels unassured and realizes that she could no more live in peace. The feeling gets embedded and the helpless situation compels her to think that the life is not worth living. Resultantly, she pours kerosene on her body and puts herself ablaze but death does not visit instantly and that is how she was taken to a nearby hospital, where in due course of investigation, her dying declaration is recorded, but she ultimately succumbs to her injuries and the “prana” leaves the body and she becomes a “body” – a dead one.
3. The question that is required to be answered is whether the accused can be convicted under Section 306 IPC. The case of the prosecution as projected is that deceased was the daughter of the informant, PW-1, Sukh Dev, and after acquittal in the case under Sections 363, 366 and 376 IPC, the accused-appellant used to threaten the girl that he would kidnap her, and had been constantly teasing her. It is the case of the prosecution that on 18.07.2008 at 9.00 p.m., appellant came to the house of informant and threatened him that he would forcibly take her. As the narration further unfolds on 19.07.2008 about 10.00 a.m. when the informant alongwith his wife was working outside in the field, the deceased poured kerosene oil on her and set herself ablaze which was extinguished by the father, and immediately Pradhan of Gram Panchayat was informed. The injured girl was taken to the private hospital at Daulatpur where she was referred to Chandigarh for further medical treatment but the informant could not take her to Chandigarh due to paucity of money and in the evening Pradhan of the village visited the house of the informant and the deceased gave one written document to the Pradhan stating that the accused-appellant was responsible for her condition whereafter police was informed and statement of the informant was recorded and the victim was medically examined. On 24.07.2008, the dying declaration of the girl was recorded by the Head Constable in the presence of Medical Officer and after the victim expired the post-mortem was conducted and an FIR was registered. After the criminal law was set in motion, the investigating agency after completing the investigation laid the charge sheet before the competent court which, in turn, committed the case to the Court of Session.
4. The accused abjured his guilt and pleaded false implication. The prosecution in order to establish the charge examined 14 witnesses. The defence shoes not to examine any witness. The learned Sessions Judge, after hearing the arguments, posed the following question:
“Whether the prosecution has successfully proved the liability of accused under Section 306 of IPC beyond the scope of all reasonable doubts?”;
and answered the question in the negative and consequently acquitted the accused-appellant vide judgment and order dated 16th July, 2010.
5. Being aggrieved b
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
