IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Ashokkumar C.Joshi, J.
State of Gujarat – Petitioner
Versus
Dilipsinh Gulabsinh Parmar & Others – Respondents
Criminal Appeal No. 908 of 2008
Decided On : 05-09-2022
Acquittal - Criminal Procedure Code - Indian Penal Code - Dowry Prohibition Act - [State] - [Acquittal of the respondents - original accused for the charge levelled against them for the offence punishable under Sections 498-A and 306 of the Indian Penal Code, 1860 (IPC) and Sections 3 and 7 of the Dowry Prohibition Act r/w. Section 114 of the IPC] - [Section 378(1) (3) of the Criminal procedure Code, 1973 (Code)] - [Sections 498-A, 306 of the Indian Penal Code, 1860 (IPC), Sections 3 and 7 of the Dowry Prohibition Act r/w. Section 114 of the IPC] - The court discussed the scope of interference in acquittal appeals, the presumption of innocence, and the principles for interference with a judgment of acquittal. The court re-evaluated the evidence and found contradictions in the prosecution witnesses' testimonies, delay in lodging the FIR, and lack of trustworthy evidence to prove the charges against the accused. The court concluded that the prosecution failed to prove the case against the accused beyond reasonable doubt, and upheld the acquittal.
Fact of the Case:
The appellant, State, appealed against the acquittal of the respondents - original accused for the offence punishable under Sections 498-A and 306 of the Indian Penal Code, 1860 (IPC) and Sections 3 and 7 of the Dowry Prohibition Act r/w. Section 114 of the IPC. The prosecution alleged that the accused subjected the deceased to cruelty, leading to her suicide. The trial court acquitted the accused, leading to the State's appeal.
Finding of the Court:
The court re-evaluated the evidence and found contradictions in the prosecution witnesses' testimonies, delay in lodging the FIR, and lack of trustworthy evidence to prove the charges against the accused. The court concluded that the prosecution failed to prove the case against the accused beyond reasonable doubt, and upheld the acquittal.
Issues: The issues revolved around the sufficiency of evidence to prove the charges against the accused, the scope of interference in acquittal appeals, and the presumption of innocence.
Ratio Decidendi: The court emphasized the presumption of innocence, the principles for interference with a judgment of acquittal, and the need for trustworthy evidence to prove the charges beyond reasonable doubt.
Final Decision: The appeal failed, and the acquittal of the respondents - original accused was confirmed. Bail bond, if any, was cancelled, and the R&P was transmitted back to the trial Court concerned.
JUDGMENT :
1. This appeal is preferred by the appellant - State under Section 378(1) (3) of the Criminal procedure Code, 1973 (Code) against the judgment and order dated 25.10.2007 passed in Sessions Case No. 264 of 2006 by the learned Sessions Judge, Anand, recording the acquittal of the respondents - original accused for the charge levelled against them for the offence punishable under Sections 498-A and 306 of the Indian Penal Code, 1860 (IPC) and Sections 3 and 7 of the Dowry Prohibition Act r/w. Section 114 of the IPC.
2. Brief facts of the prosecution case are that complainant Ranjitsinh Fulsinh Gohil, resident of Tarsali, Dist.: Vadodara registered a complaint against the respondents - accused inter alia stating that marriage of his daughter Varshaben @ Ushaben, now deceased, had been solemnized as per Hindu rites and rituals with the respondent No. 1 - original accused No. 1 on 23.01.2006. The respondent Nos. 2 and 3 - original accused Nos. 2 and 3 are the parents-in-law of the deceased. That, after the marriage, they were residing in joint family. That, prior to about three months of the incident in question, the deceased when visited her parental home, she told the complainant that the accused No. 1 was demanding a bike; the accused Nos. 2 and 3 were also pressurizing her and that, they were giving filthy abuses to the deceased and thereby, all the accused were giving physical and mental torture to the deceased and treating her with cruelty. Fed up of such ill- treatment, on 19.08.2006, the deceased consumed poison and committed suicide. Thus, the respondents - accused committed the offence in question, for which, FIR came to be registered against them.
3. On the basis of the said complaint, investigation was initiated and after thorough investigation, as there was sufficient evidence against the respondents - accused persons, Charge-sheet came to be filed against them. As the offence was exclusively triable by the Court of Sessions, as per the provisions of Section 209 of the Code, the case was committed to the Court of Sessions, where, it was numbered as Sessions Case No. 264 of 2006. Thereafter, Charge was framed against the accused persons and as the accused pleaded not guilty to the charge and claimed to be tried, trial commenced. To prove the case, the prosecution has examined as many as 09 witnesses and produced several documentary evidence. On conclusion of the trial, the learned trial Judge was pleased to acquit the accused persons. Being aggrieved by the same, the State has preferred the present appeal.
4. Heard, learned Additional Public Prosecutor Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. Rasesh Parikh for the respondents - original accused.
4.1 The learned Additional Public Prosecutor for the appellant - State has mainly contended that the learned trial Judge has erred in holding that the prosecution has failed to prove its case beyond reasonable doubt. The learned Additional Public Prosecutor submitted that the impugned judgment of the trial Court is based on presumptions and inferences and thereby, it is against the facts and the evidence on record. The learned Additional Public Prosecutor further submitted that the learned trial Judge has failed to appreciate the evidence on record in its true and proper perspective and thereby, has erred in recording the acquittal of the respondents - original accused.
4.2 The learned Additional Public Prosecutor for the appellant referred to the judgment and order as well as the evidence of the prosecution witnesses and the other documentary evidence and submitted that the judgment and order of acquittal passed by the learned trial Judge is contrary to law, evidence on record and the principles of natural justice and hence, the same deserves to be quashed and set aside. It is further contended that the learned trial Judge ought to have appreciated the fact that there were direct as well as indirect evidence connecting respondents with crime in q
The judgment emphasized the presumption of innocence, the principles for interference with a judgment of acquittal, and the need for trustworthy evidence to prove the charges beyond reasonable doubt.
The prosecution must prove guilt beyond a reasonable doubt in cases of acquittal, emphasizing the presumption of innocence and the need for reliable evidence linking alleged cruelty to suicide.
The essential ingredients of the offence under Section 306 IPC are (i) the abetment; (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide.
The judgment reaffirms the principle of presumption of innocence, the need for clear evidence in cases of abetment of suicide, and the reluctance to disturb a trial court's finding of acquittal unles....
Court emphasized the necessity of establishing clear evidence of cruelty to invoke presumption of abetment of suicide under Section 113A of the Evidence Act, reinforcing the presumption of innocence ....
The need for cogent and convincing evidence to draw the presumption for the offence under Section 498A or under the Dowry Prohibition Act, and the discretionary nature of the presumption under Sectio....
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