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2024 Supreme(SC) 218

DIPANKAR DATTA, K. V. VISWANATHAN, SANDEEP MEHTA
Nirmal Premkumar – Appellant
Versus
State Rep. by Inspector of Police – Respondent


Advocates appeared:
For the Appellant(s) : Ms. E. R. Sumathy, AOR
For the Respondent(s): Mr. D.kumanan, AOR Mr. Sheikh F. Kalia, Adv. Mrs. Deepa. S, Adv. Mr. Veshal Tyagi, Adv

Judgement Key Points

Based on the provided legal document, here are the key points regarding the case, the evidence analysis, and the court's findings:

Case Details and Outcome * The Supreme Court allowed the criminal appeal filed by Nirmal Premkumar and another appellant against the conviction and sentence passed by the Special Court and affirmed by the High Court. * The appellants were acquitted and set free; the convictions under Section 12 of the POCSO Act (for A-1) and Section 506 of the IPC (for A-2) were set aside. (!) * The Court held that the circumstances required to draw a conclusion of guilt were not fully established due to missing links in the prosecution's case. (!)

Legal Principles Regarding Victim Testimony * In sexual offence cases, a victim's testimony is usually sufficient for conviction, but if the account is unreliable, insufficient, or marked by identified flaws and gaps, it becomes difficult to record a conviction. (!) (!) * When a witness is neither wholly reliable nor wholly unreliable, the Court must be circumspect and look for corroboration of material particulars by reliable testimony (direct or circumstantial) as a requirement of the rule of prudence. (!) (!) * A victim can be treated as a "sterling witness" without further corroboration only if their quality and credibility are exceptionally high, their statement is consistent from the beginning to the end, and it withstands strenuous cross-examination without creating doubt. (!) (!) (!) * In cases of sexual harassment in a public place (like a classroom), where the incident is not confined to a private room or away from public view, the Court may seek corroboration from other direct witnesses or attending circumstances if doubts arise regarding the victim's veracity. (!) (!)

Facts of the Case * The prosecution alleged three incidents of sexual harassment involving a minor girl student (victim) and two teachers, A-1 and A-2. * Incident 1: A-1 allegedly forced the victim to accept roses, jasmine flowers, and chocolate on Valentine's Day (February 14, 2018) by twisting her arm. (!) (!) * Incident 2: A-2 allegedly threatened the victim via another student, stating that if she did not talk to A-1, A-1 would die and she would be held responsible. (!) * Incident 3: On February 15, 2018, the victim was allegedly summoned to the P.E.T. room by A-1 and threatened. (!) * The victim informed her parents, who approached the school Headmaster (P.W.10, who was also a priest) but were advised not to disclose the issue. The police complaint was lodged on February 18, 2018. (!) (!) * The Special Court convicted A-1 under Section 12 POCSO and A-2 under Section 506 IPC. The High Court dismissed the appeal against this conviction. (!) (!)

Analysis of Evidence and Contradictions * The Court found manifest contradictions and discrepancies in the oral evidence of prosecution witnesses, casting serious doubt on the prosecution's version. (!) (!) * Timeline Contradictions: There were inconsistencies regarding the dates of approaching the Headmaster (P.W.10) and lodging the police complaint, with conflicting accounts from the victim, her relatives, and the Headmaster himself. (!) * Witness Inconsistencies: * The victim's statements regarding who approached the police and the Headmaster varied between her Section 164 statement and her court deposition. (!) * The victim's account of A-1 "twisting her arm" changed to "forcibly placing it in her hand" in her court deposition. (!) * The victim omitted mentioning "chocolate" in her court deposition despite stating it in her Section 164 statement. (!) * The victim's version regarding who summoned her to the P.E.T. room was inconsistent (A-1 vs. P.W.6) and contradicted by P.W.6's deposition. (!) * Lack of Corroboration: * None of the other students present in the classroom were examined as witnesses except one (P.W.6), who turned hostile and denied giving a narrative to the police. (!) (!) * The Headmaster (P.W.10), who also served as a priest and head of the institution, was not questioned effectively about the incident, which the Court found unbelievable given his roles. (!) (!) * Reliability of Victim's Version: The Court found the victim's version to be muddled, prevaricated, and incoherent, failing the test of a "sterling witness." (!) * Defence Case: The defence successfully argued that there was pre-existing animosity between the parents of the victim and the accused teachers due to a past incident and promotional politics within the faculty, suggesting the accusation might be a false implication. (!)

Specific Findings on Convictions * Regarding A-1: The evidence left reasonable suspicion regarding his involvement. The Court noted that the reliance on the date (February 14) as Valentine's Day was logically flawed as the parties were Christians observing Ash Wednesday, a fact omitted in the complaint. (!) * Regarding A-2: The case against him did not justify conviction under Section 506 IPC because the identity of the student who acted as a link between A-2 and the victim was unknown, and the victim's version regarding the meeting with A-2 was doubtful. (!) (!) * The Court criticized the High Court for proceeding with a "coloured vision" that the victim had been sexually assaulted, which led to a deflection of justice despite insufficient materials. (!)


JUDGMENT :

DIPANKAR DATTA, J.

THE APPEAL

1. The correctness of the judgment and order dated 11th November, 2022 (“impugned judgment”, hereafter) passed by a learned Judge of the High Court of Judicature at Madras (“High Court”, hereafter) is questioned in this appeal. By the impugned judgment, the High Court dismissed the criminal appeal1[Criminal Appeal No. 697 of 2021] [under section 374(2) of the Code of Criminal Procedure (“Cr.P.C.”, hereafter)] carried by the appellants from the judgment and order dated 22nd November, 2021 of the Special Court for Exclusive Trial of Cases (“Special Court”, hereafter) under the Protection of Children from Sexual Offences Act (“POCSO Act”, hereafter) in a sessions case2[Special Sessions Case No. 13 of 2020] registered against the two appellants (“A-1” and “A-2”, respectively, hereafter). The Special Court having convicted A-1 under section 12 of the POCSO Act sentenced him to three (3) years’ rigorous imprisonment together with a fine of Rs. 30,000/-, in default to suffer further six (6) months’ rigorous imprisonment. Insofar as A-2 is concerned, conviction under section 506 of the Indian Penal Code, 1860 (“I.P.C.”, hereafter) was recorded and he w

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