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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL), J.
S.K. Abdul Alim @ S.K. Abdul Haque - Appellant
Versus
The State of West Bengal & Another
- Respondent
CRR. No. 1077 of 2020
Decided On : 05-02-2024
Alibi Defense - Criminal Proceedings - IPC 147/148/149/379/427/506 & E.S. Act 3/4 - The judgment quashed the criminal proceedings against the petitioner based on the successful establishment of the alibi defense through evidence beyond reasonable doubt.
Fact of the Case:
The petitioner, a serving soldier, was falsely implicated in a criminal case for an incident that occurred at a location distant from his place of duty. He provided evidence of his absence at the place of the alleged crime.
Finding of the Court:
The court found that the petitioner successfully proved his alibi defense through authenticated documents and certifications from his commanding officers, establishing his absence at the location of the incident beyond reasonable doubt.
Issues: The key issue was the petitioner's absence at the place of the alleged crime and the burden of proof regarding the alibi defense.
Ratio Decidendi: The court relied on the principle of alibi defense, emphasizing the burden of proof on the accused to establish their absence at the specific place of the crime at the time of the offense.
Final Decision: The court allowed the revision and quashed the criminal proceedings against the petitioner, highlighting the abuse of the process of law and the successful establishment of the alibi defense.
JUDGMENT
1. The present revision has been preferred praying for quashing of the proceeding and all orders in G.R. Case no. 1372/2016 arising out of Uluberia Police Station Case no. 394 of 2016 dated 23.06.2016 under Sections 147/148/149/379/427/506 of IPC & 3/4 E.S. Act, pending before the Learned Additional Chief Judicial Magistrate, Uluberia, Howrah.
2. The case in short is that, one Nikhil Chandra Majhi, ASI of Uluberia Police Station lodged a Suo Moto complaint on 23.06.2016 to the effect that on 22.06.2016 at around 23.05 hrs., two group of people clashed near a sporting club on Natibpur Road under Uluberia Police Station by throwing brick bats and hurling bombs. The complainant and other superior officers came to the said spot with force and controlled the situation and dispersed the unlawful mob. During enquiry some shops and houses were found to be damaged and huge quantity of broken bricks and remnants of bomb could be found at the place of occurrence.
3. This gave rise to the present case which ended in Charge Sheet. The petitioner states that he is a serving solider in army medical corps and on the said date and time of incident i.e. 23/06/2016, he was present at his place of duty at Jammu and Kashmir. The petitioner after knowing of the said incident duly approached the Commanding Officer, 439 Field Hospital on 11.05.2017 stating about the said incident and praying for taking steps in respect of the said incident. On 13.05.2017 the second in command officer of 439, Field Hospital issued a Memo vide no. 4156/Copy/2017 addressed to the Superintendent of Police, Howrah Rural Area as well as District Magistrate Howrah and also Solider Board Howrah and Sub Divisional Officer, Uluberia, Howrah, and also the Officer in Charge Uluberia Police Station and requested the said authorities to take necessary steps to discharge the petitioner in the said case.
4. It is stated that the allegation made in the FIR is false and concocted, and impossible, as the petitioner was busy discharging his duty at South Kashmir 439 Field Hospital on the date and time of the alleged incident. It is further stated that the investigating agency without any proper and effective investigation has submitted the Charge Sheet which is an abuse of the process of the Court and law and thus not sustainable in law.
5. The said Criminal proceeding which has been initiated against the petitioner is totally malicious and has been started only with the intention to harass the petitioner.
6. On 09.04.2018, the second in command officer of 439, Field Hospital again issued a Memo vide no. 4156/Copy/2018 addressed to the Superintendent of Police, Howrah Rural Area as well as District Magistrate, Howrah and also Solider Board Howrah and Sub-Divisional Officer, Uluberia, Howrah and also the Officer in Charge Uluberia Police Station and again requested the said authorities to take steps to discharge the petitioner in the said case. But no action was taken by the authorities. Hence the revision.
7. From the materials on record it appears that:-
i) The petitioner has filed copies of certificates dated 9th April, 2018 and 13th May, 2017, stating the non involvement of the petitioner in the present case as the petitioner was a serving soldier in Army Medical Corps and was serving with 439 Field Hospital at South Kashmir on the date and time of incident. On thorough enquiry by the Commanding Officer it was found that the petitioner was on duty on the date of incident in the present case. As such, it was stated that the name of the petitioner was to be deleted from the case.
8. The present case is for offence punishable under Sections 147/148/149/379/427/506 of IPC and 3/4 E.S. Act.
9. The State has placed the case diary.
10. Learned counsel appearing for the Union of India has filed a copy of an email received on his official e-mail. The said mail has been sent by Col. D.S. Gulati, Commanding Officer, 439 Field Hospital, Army Medical Corps, Kashmir.
11. This mail dat
AI
The main legal point established in the judgment is the successful establishment of the alibi defense through evidence beyond reasonable doubt, leading to the quashing of criminal proceedings.
The burden of proof for a plea of alibi lies with the accused, who must establish it with absolute certainty after the prosecution proves its case.
The burden of proof for a plea of alibi lies on the accused, and it is a question of fact required to be proved during the trial.
The court emphasized that a plea of alibi may be raised at any stage, including during investigation, and must be substantiated by credible evidence for the trial court's consideration.
Alibi claims and factual disputes cannot be decided in quash proceedings; must be resolved at trial.
The main legal point established in the judgment is the significance of electronic evidence in proving the alibi of the accused and the importance of considering the material on record and the invest....
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