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2022 Supreme(Del) 1224
IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, Mini Pushkarna, JJ.
Karim @ Jalela - Appellant
Versus
State - Respondent
Crl. A. 585/2019 & Crl. A. 923/2019
Decided On : 02-09-2022
Ms. Kavita Jha, Mr. Aditeya Bali, Advs. DHCLSC, for the Appellant; Mr. Tarang Srivastava, APP for State with Insp. Vikas Pannu, PS Hazrat Nizamuddin, for the Respondent; Mr. Ajay Verma, Adv. DHCLSC, for the Appellant in Crl. A. 923/2019; Mr. Tarang Srivastava, APP for State with Insp. Vikas Pannu, PS Hazrat Nizamuddin, for the Respondent in Crl. A. 923/2019
The reliability of a child witness and the probative value of scientific evidence, including DNA analysis and voice recording, in establishing the guilt of the accused under Section 302/34 IPC.
Headnote:
Conviction - Section 302/34 IPC - [Section 302/34 IPC] - The court upheld the conviction of the appellants under Section 302/34 IPC based on the testimony of a child witness and scientific evidence, including DNA analysis and voice recording. The court emphasized the reliability of the child witness and the corroborative scientific evidence, concluding that the prosecution had proved the charge beyond reasonable doubt.
Fact of the Case:
The appellants were convicted for the offence under Section 302/34 IPC based on the testimony of a child witness and scientific evidence. The child witness, PW10, identified the appellants as the individuals who assaulted the deceased with a knife. The appellants challenged the conviction, arguing that the case was based on surmises and conjectures and that the witness testimony was inconsistent.
Finding of the Court:
The court found that the testimony of PW10, the child witness, was reliable and consistent, and it was corroborated by scientific evidence, including DNA analysis and voice recording. The court rejected the appellants' arguments regarding inconsistencies in the witness testimony and upheld the conviction.
Issues: The issues included the reliability of the child witness testimony, the admissibility of scientific evidence, and the sufficiency of evidence to prove the charge under Section 302/34 IPC.
Ratio Decidendi: The court relied on the quality of evidence, emphasizing the reliability of the child witness and the corroborative scientific evidence. The court also highlighted the principles regarding the admissibility of tape-recorded conversation and the probative value of extra-judicial confession.
Final Decision: The court upheld the judgment of conviction and order on sentence passed by the Sessions Court, dismissing the appeals of the appellants.
JUDGMENT
Mini Pushkarna, J. - By these appeals, the appellants challenge the common judgment of conviction dated 29.01.2019 and order on sentence dated 01.02.2019 in Sessions Case No. 1661/2016 in FIR No. 157/2013 under Section 302/34 IPC, PS- Hazrat Nizamuddin, Delhi, whereby the appellants were convicted for having committed offence punishable under Section 302/34 IPC, and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- each; in default of payment of fine to undergo simple imprisonment for 6 months. The appellants were given benefit under Section 428 Cr.P.C.
2. Prosecution version in the present case flowing from the charge sheet is that an information regarding stabbing of a person in graveyard, Lala Lajpat Rai Marg, was received at police station Hazrat Nizamuddin on 28.05.2013. Insp. Binay Singh (PW21) along with constable reached there at around 4 P.M. and found that one boy aged about 24-25 years was lying unconscious in pool of blood inside the Kabristan. The injured was taken to AIIMS Trauma Centre. PW21 made inquiries at the spot and it was revealed that the name of the injured was Raja, thereafter PW21 reached the AIIMS Trauma Centre where the injured was declared brought dead by the doctor. PW21 came back at the spot of the incident and recorded statement of witnesses, including statement of PW10 who was playing near the place of occurrence at the time of incident.
3. From the version given by witnesses, PW21 came to know that deceased Raja was last seen in the company of the appellants herein. Thereafter, search of suspects was conducted and on the basis of secret information, on 04.06.2013 accused Hari Dutt and Karim @ Jalela were apprehended from under Defence Colony flyover. Both accused Hari Dutt and Karim @ Jalela disclosed that their two other associates namely X (Juvenile in conflict with law) and Sartaj @ AllahaRakha were also with them at the time of incident. Raja was beaten by them on the issue of dividing of share of booty obtained by them after the snatching incident that took place in the area of P.S. Lodhi Colony. Accused Karim @ Jalela took police party to MCD toilet near Sun Light Colony towards Sarai Kale Khan and from the garbage lying near railway track, got recovered one blood stained t-shirt which he disclosed to have worn at the time of incident. The said t-shirt was seized vide Seizure Memo Ex. PW7/L.
4. Thereafter, accused Karim @ Jalela and Hari Dutt took police party to one Dinesh Paswan to whom one mobile phone was sold by accused Sartaj @ Allaharakha, which contained his voice recording. Dinesh Paswan was interrogated who produced one mobile phone of Karbonn make which he stated to have purchased from accused Sartaj @ Allaharakha. The mobile phone was seized and checked and it was found to contain a memory card which had the voice of accused Sartaj @ Allaharakha talking to one lady wherein he admitted that he had caused the death of Raja. The mobile phone was seized vide Seizure Memo Ex.PW7/D. The conversation contained in the mobile phone was saved in the official computer from the memory card of the mobile phone and subsequently sent to CFSL for examination.
5. On 06.06.2013, S.I. Dinesh apprehended 'X' (juvenile in conflict with law) from Madhubani, Bihar and brought him to Delhi. On 08.06.2013, X got recovered one shirt and a knife from a place in Defence Colony. Since X was a juvenile in conflict with law at the time of commission of crime, separate proceedings qua him were carried out. On 21.06.2013, accused Sartaj @ Allaharakha surrendered in Saket Court and was arrested vide Arrest Memo Ex. PW15/A, and taken in police custody. During police custody, accused Sartaj @ Allaharakha took police party to Defence Colony, Ganda Nala and got recovered one shirt and one knife. He disclosed that the shirt which was recovered at his instance was worn by him at the time of incident. The shirt and knife were seized vide Memo Ex.PW15/D&E.
6. After conclusion of investiga
