2024 Supreme(SC) 1217

SUPREME COURT OF INDIA
C.T. RAVIKUMAR, SANJAY KAROL, JJ.
Rajeev Kumar Upadhyay – Appellant
Versus
Srikant Upadhyay & Ors. – Respondents
Criminal Appeal 4831 of 2024 (Arising out of SLP (Crl.) No. 10447 of 2024)
Decided On : 19-12-2024

IMPORTANT POINT
Right to live with dignity – Dignity goes to very core of existence of an individual in society – Any action which undermines dignity either by an act of another person or that of State is potentially going against spirit of Constitution of India.

Headnote:

(A) Constitution of India – Articles 21 and 51-A – Right to live with dignity – Dignity goes to very core of existence of an individual in society – Any action which undermines dignity either by an act of another person or that of State is potentially going against spirit of Constitution of India which guarantees security of all persons by ensuring that justice, liberty and equality are avouched for each and every person – By extension, if dignity of a person is compromised, their human rights, available to them by virtue of them being humans and guaranteed by various enactments, both national and international, are imperilled – When such rights of a woman are threatened, danger is comparatively greater, for despite advancement by great leaps and bounds, when it comes to equality, much remains to be achieved, especially when it comes to women in rural areas – When it comes to offences that infringe upon dignity of a person, responsibility cast on both investigating and adjudicatory authorities is greater than usual or what is generally cast upon them in other circumstances – Both these authorities must show sensitivity to issues involved, awareness of social situations, sensitivity to emotions evoked by circumstances at play and consciousness for time being essence of action and most importantly letter of law and balance of scales of justice for accused and victim – Dignity is an invaluable aspect of Indian Constitutional jurisprudence and there exists a duty upon State to take all action to protect the same – Concomitantly, there is duty cast upon every citizen to promote harmony and spirit of common brotherhood amongst all, keeping aside differences that are only natural in a country which is as vast and varied as India. (Paras 1, 3, 11, 17 and 18)

(B) Prevention of Witch (Daain) Practices Act, 1999 – Sections 3 and 4 – Indian Penal Code, 1860 – Sections 341, 323, 354, 354B, 379, 504, 506 and 149 – Suspected witchcraft – Criminal proceedings stayed by High Court – Victim was subjected to grave accusations and also disrobed and assaulted in public, which is an affront to her dignity – Certain other acts were also committed against her – Not only was victim accused of witchcraft, but she was abused physically and verbally as well – Another person was also disrobed and her jewellery was snatched – FIR records that authorities did not heed complainant’s request for registration of FIR and recourse had to be taken to Section 156(3) of Cr.P.C. – Out of 13 accused persons, only one person was sent up for trial – On the basis of very same material collected during investigation, ACJM found it fit to send all accused persons to trial, taking opposite view as put forth in charge-sheet – State’s decision to litigate an issue should not depend on benefit that may be derived either to State exchequer or elsewhere but also should be reflected of its responsibility to protect, within its people respect for rule of law and justice for all – District Court directed to proceed in accordance with law. (Paras 9, 12, 14 and 27)

Facts of the case:

FIR was lodged under Sections 341, 323, 354, 354B, 379, 504, 506, 149 of Indian Penal Code, 18604 and Section 3&4 of the Witch (Daain) Act against 13 persons. Complainant, aggrieved by stay granted by High Court, has approached this Court. Petition seeking quashing of the cognizance order stood withdrawn as on 22nd November 2024.

Findings of Court:

Matter is placed on file of concerned District Court to proceed in accordance with law. Trial against accused persons shall proceed on a day-to-day basis. Accused persons are directed to appear before the Trial Court on 15th January 2025.

Result : Directions issued.