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2019 Supreme(Pat) 1696
IN THE HIGH COURT OF JUDICATURE AT PATNA
ADITYA KUMAR TRIVEDI, J.
Prahlad Choudhary Son of Late Gopal Choudhary - Appellant
Versus
The State of Bihar - Respondent
Criminal Appeal (SJ) No.83 of 2014
Decided On : 02-08-2019
Advocate Appeared:
For the Appellant : Mr.Mukesh Kumar, Adv. Mr. Shivji Singh, Adv.
For the Respondent: Mr.Bipin Kumar, APP
The main legal point established in the judgment is the importance of fair and proper questioning during the examination of the accused under Section 313 of the CrPC, the admissibility of inculpatory extra-judicial confessional statements, and the need for independent reliable corroboration in cases based on circumstantial evidence.
Headnote:
Confession - Criminal Law - Section 376 IPC, Evidence Act
Fact of the Case:
Appellant Prahlad Choudhary found guilty for an offence punishable under Section 376 IPC and sentenced to undergo RI for 10 years and pay a fine. The victim, a three-year-old girl, went missing and was found near a railway line, drenched and injured. The prosecution presented evidence of the victim's injuries and statements from witnesses and family members.
Finding of the Court:
The court found the inculpatory extra-judicial confessional statement of the appellant to be unreliable and inadmissible. The court noted that the case was based on circumstantial evidence and highlighted the lack of eyewitnesses and conclusive evidence connecting the accused with the crime. The court also emphasized the importance of fair questioning during the examination of the accused under Section 313 of the CrPC.
Issues: The key issues included the reliability of the inculpatory extra-judicial confessional statement, the admissibility of circumstantial evidence, and the sufficiency of evidence to establish the guilt of the accused.
Ratio Decidendi: The court's decision was influenced by the legal provisions of Section 24 of the Evidence Act, which governs the admissibility of confessions caused by inducement, threat, or promise. The court also emphasized the need for fair and proper questioning during the examination of the accused under Section 313 of the CrPC. The court highlighted the principle that inculpatory extra-judicial confessional statements should be voluntary and true, and cautioned against relying solely on such statements without independent reliable corroboration.
Final Decision: The judgment of conviction and sentence recorded by the lower court was set aside, and the appellant was directed to be released forthwith.
JUDGMENT :
1. Appellant Prahlad Choudhary has been found guilty for an offence punishable under Section 376 IPC and sentenced to undergo RI for 10 years as well as to pay fine appertaining to Rs. 10,000/-in default thereof, to undergo RI for six months, additionally, vide judgment of conviction dated 29.11.2013 and order of sentence dated 03.12.2013 passed by Adhoc Additional Sessions Judge, 3rd, Bettiah, West Champaran in connection with Sessions Trial No.142/2013 arising out of Shikarpur PS Case No. 381/2012.
2. Kishore Choudhary (PW 11) filed a written report on 20.11.2012 disclosing therein that his daughter (name withheld) (not examined) aged about three years went missing on 19.11.2012 at about 6:30 PM whereupon, all the family members indulged in searching her. During midst thereof, at about 8.30 PM, a female beggar namely, Usha Devi along with two males, namely, Gopal Sharma (not examined) and another whom he did not identify, came and his daughter was handed over to him by Fida Hussain (PW 6) who disclosed that the girl has been found by the side of railway line near signal. His daughter was drenched with water and was weeping. He immediately took her to the doctor at Narkatiaganj Hospital and got her treated. He suspected with regard to rape having been committed upon her. Furthermore, it has also been disclosed that for better treatment, his daughter has been referred to Bettiah.
3. After registration of Shikarpur PS Case No. 181/2012 against unknown, investigation commenced and during course thereof, police had gone to the place of occurrence, east cabin of Narkatiaganj Railway Station and in between two railway tracks, near a pond, the IO had seized pyjama of a child, torn frock, one baby chappal, blood stained grass on 20.11.2012 at about 1.30 PM itself for which seizure list was prepared, witnesses were examined. It has further been collected that after a fortnight, appearance of the appellant facilitated who happens to be cousin brother of informant (Phuphera Bhai) and seeing whom, the victim adversely reacted and who, on query uttered pointing him out to be her assailant whereupon, inquired by the informant and in response, it has been alleged that appellant made inculpatory extra-judicial confessional statement and asked for pardon and that happens to be the sole evidence arraying the appellant to be an accused followed with submission of charge-sheet, facilitating with the trial meeting with ultimate result, subject matter of instant appeal.
4. The defence case as is evident from the mode of cross-examination as well as statement recorded under Section 313 CrPC is that of complete denial. Furthermore, it has also been pleaded that in order to grab the land prosecution party invented a novel method and got the appellant implicated. However, neither oral nor documentary evidence has been adduced in defence.
5. In order to substantiate its case, the prosecution has examined altogether twelve PWs who are PW-1, Janki Devi, PW-2, Phooli Devi, PW-3, Raktu Paswan, PW-4, Santosh Sah, PW-5, Parsuram Khatik, PW-6, Fida Hussain, PW-7, Usha Devi, PW-8, Ainul Hassan, PW-9, Dr. Manju Jaiswal, PW-10, Jitendra Kumar, PW-11, Kishore Choudhary and PW-12, Ashok Kumar. Side by side, has also exhibited Ext-1, Signature of witness over seizure list, Ext-2, Injury report, Ext-3, Signature of informant over written report, Ext-4, Endorsement over written report, Ext-5, Formal FIR, Ext-6, Seizure list, Ext-7, inculpatory extra-judicial confessional statement. As stated above nothing has been adduced on behalf of defence.
6. PW-9 is the doctor who had examined the victim on 20.11.2012 at MJK Hospital, Bettiah and found the following:-
“Height of the victim 2’4”, weight 10 Kg, number of teeth in upper jaw 10, lower jaw 10, secondary sex character not developing. On PV examination 3 degree perivion tear was present. Hymen was ruptured. Lacerated wound present at the vaginal orifice that was painful according to Pathologist MJK Hospital, Bettia
