2017 Supreme(SC) 738

SUPREME COURT OF INDIA
N. V. RAMANA, PRAFULLA C. PANT, JJ.
Suresh Chandra Jana – Appellant
Versus
The State of West Bengal & Ors. – Respondent(s)
CRIMINAL APPEAL NO. 31 OF 2008
WITH
State of West Bengal – Appellant
Versus
Purnendu Kumar Patra & Anr. – Respondent(s)
CRIMINAL APPEAL NO. 32 OF 2008
Decided On : 11-08-2017

IMPORTANT POINTS
Delay in lodging FIR fully explained is not fatal to prosecution story.
Minor lapses in police investigation not sufficient to acquit the accused.
It is not every doubt but only a reasonable doubt of which benefit can be given to the accused.
In certain circumstances victim’s FIR should be treated as het dying declaration.
Accused cannot derive any benefit from the variation in time mentioned in charge sheet unless it caused prejudice to him in defending himself.
Criminal justice system defined.
Corroboration of dying declaration is not always required for awarding conviction.
Negligent investigation or omissions or lapses, due to perfunctory investigation need to be effectively rectified.

Headnote:Per Prafulla C. Pant, J.

       (a) Code of Criminal Procedure, 1973 – Section 154 – Delay in lodging FIR fully explained – Not fatal to prosecution story. (Para 14)

       (b) Criminal trial – Appreciation of evidence – Police not able to produce the envelop which contained the FIR received by post – Such minor lapses in police investigation not sufficient to acquit the accused. (Para 15)

       (c) Criminal trial – Benefit of doubt – It is not every doubt but only a reasonable doubt of which benefit can be given to the accused. (Para 16)

       (d) Indian Evidence Act, 1872 – Section 32 – Dying declaration – Not recorded because victim was recovering – However she died after 26 days – In the circumstances, held, victim’s FIR should be treated as het dying declaration. (Para 18)

       (e) Code of Criminal Procedure, 1973 – Section 215 r/w section 464 – Variation in time mentioned in charge sheet – Accused cannot derive any benefit therefrom unless it caused prejudice to him in defending himself. (Para 20)

       (f) Code of Criminal Procedure, 1973 – Section 313 – It is not required that each and every sentence of the prosecution evidence be re-written and read over once again while examining the accused under Section 313 – Court asking the accused generally on the incident – No infirmity. (Para 21)

       (g) Administration of justice – Theory of adopting a view beneficial to accused, if two views are possible – Both views should be reasonable and plausible – Instantly, High Court not taking a reasonable view and acquitting the accused – Not sustainable. (Para 22)

       Per N. V. Ramana, J.

       (h) Criminal justice system – It is not only about infrastructure or surveillance – Rather it is how we protect our country-men, how we recuperate after loss, how we show faith in our constitution and how we uphold the values of justice, fairness and equality – Need to emphasise on victim’s rights. (Para 2)

       (i) Acid attacks – Merely having stringent laws and enforcement agencies may not be sufficient unless deep-rooted gender bias is removed from the society. (Para 5)

       (2016) 3 SCC 571 – Relied upon

       (j) Indian Evidence Act, 1872 – Section 32 – Corroboration of dying declaration is not always required for awarding conviction – Rule requiring corroboration is merely a rule of prudence – If the person making dying declaration survives, the statement would not be admissible u/s 32 but u/s 157. (Para 7)

       (1992) 2 SCC 474; (1976) 3 SCC 104; (1985) 1 SCC 552; (1983) 1 SCC 211; (2010) 1 SCC 88 – Referred

       (k) Criminal justice system – Doctors should be aware of medico-legal aspect of their duty – There should not be dereliction in discharge of that duty. (Para 8)

       (1996) 1 GLR 292; Criminal Original Petition No. 12582 of 2007 (Madras); W.P. No. 4974 of 2012 (Bombay) – Referred

       (l) Criminal justice system – Investigation – Negligent investigation or omissions or lapses, due to perfunctory investigation – Need to be effectively rectified. (Para 9)

       (1998) 4 SCC 517 – Referred

       Facts of the case:

       Before the incident in question, the hapless woman (deceased in the present case) had complained that she was raped by accused-respondent Purnendu Kumar Patra on 28.04.1997. She complained the matter to Panchayat, and when no action was taken, on 26.09.1997 she lodged a First Information Report against the aforesaid accused person, and a case in respect of offence punishable under Section 376 IPC was registered against him.

       In the intervening night of 26.09.1998 and 27.09.1998, two persons including the aforesaid accused Purnendu Kumar Patra knocked her door and when she came out, acid was thrown at her.

       The victim succumbed to the burn injuries and died on 23.11.1998, i.e. 26 days after the incident.

       The trial court found both the accused guilty of charge of offence punishable under Section 302 IPC. Accused-respondent Purnendu Kumar Patra was sentenced to death by directing him to be hanged by neck until his death subject to confirmation by the High Court of Calcutta, and co-accused Rabin Jana was sentenced to rigorous imprisonment for life and directed to pay fine of Rs.25,000/-, in default to suffer further rigorous imprisonment for a period of five years.

       The High Court disposed of the Reference and the appeal filed by the convicts by a common order by which the Death Reference was rejected and the accused were acquitted.

       Finding of the Court:

       The charge of offence punishable under Section 302 IPC is fully established on the record as against accused-respondent Purnendu Kumar Patra as found by the trial court. Sentenced to life imprisonment.

       Acquittal of Rabin Jana is not erroneous.

       Result: Appeal partly allowed.