Deepak vs State CRLSJ 1011/22 29/03/23 [ ALOK JJ ] [ PATNA HIGH COURT ]

• Sections 366A, 376 and 34 IPC POCSO ACT Section 4 Procuration of minor girl and rape Statement of victim cannot be trustworthy in the light of the fact adduced during evidence before the Court is quite inconsistent with the story of prosecution Her evidence does not inspire confidence and such evidence cannot be trustworthy No injury was found on victim’s body – In Doctor’s opinion on the basis of pathological and radiological findings, there is no sign of sexual assault and the age of the victim is about 17-18 years Out of eight factual witnesses, PW-1, PW-2, PW-3, PW-4, PW-5 and PW-7 (six in numbers) have been declared hostile and so far as PW-9 (informant) and PW-6 are concerned, they have not been declared hostile but they are not eye witness of the actual occurrence Occurrence took place on 08.06.2015 and information regarding the said occurrence was given to concerned police station on 10.06.2015 when place of occurrence is merely 2 km away from the concerned police station – 1.0. has not been examined – Accused entitled to benefit of doubt Conviction and sentence set aside Appeal allowed. [Paras 23, 28, 31 and 32]

31. From perusal of the FIR it is crystal clear that initial version of the prosecution story has been narrated by none else than informant who is father of the victim himself but so far as deposition of PW-9 (informant) is concerned, during cross examination informant has stated that neither he is aware of the author of the FIR nor does he know about the contents of the same then the question arises who has prepared the initial version of FIR which puts question mark on the said version of prosecution. From perusal of record it is crystal clear that out of eight factual witnesses, PW-1, PW-2, PW-3, PW-4, PW-5 and PW-7 (six in numbers) have been declared hostile and so far as PW-9 (informant) and PW-6 are concerned, they have not been declared hostile but they are not eye witness of the actual occurrence. PW-9 who is informant of the case during cross examination he has stated that he did not know who is the author of the written report and he cannot point out what is mentioned in the said written report which makes the whole prosecution story doubtful. One of the witnesses namely Md. Saheb who puts signature on written report has not been examined. Apart from the said discussions made above, story of prosecution creates doubt in light of the factthat occurrence took place on 08.06.2015 and information regarding the said occurrence was given to concerned police station on 10.06.2015 when place of occurrence is merely 2 km away from the concerned police station. He further submitted that in one column of formal FIR, there is interpolation regarding entries and no plausible explanation has been given regarding the said delay in lodging the FIR and said interpolation.

32. It is worth to note that I.O. has not been examined and contention of learned counsel of the appellant is quite sustainable in the light of the fact that on account of non examination of the investigating officer, the place of occurrence has not been identified and the veracity of the prosecution witnesses has not been tested as defence has not got opportunity to test the veracity of prosecution witnesses in the light of oral statement given before the investigating officer.

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DEEPAK KUMAR VS STATE OF BIHAR JUDGMENT PATNA HIGH COUTT

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NATHU MUNDA vs STATE OF ASSAM CRLA 108/17 04/03/20 

BEFORE ( DOUBLE BENCH)
HON’BLE MR. JUSTICE SUMAN SHYAM
HON’BLE MR. JUSTICE HITESH KUMAR SARMA 

[ GAUHATI HIGH COURT ]

• Section 302 IPC Evidence Act Section 106 Murder Burden of proving Accused and deceased usually stayed together in the house do not necessarily mean that on the date as well at the time of occurrence also, they were together Prosecution has not been able to discharge its initial burden of proving the case as none of the witness has implicated the accused-appellant except the fact that the accused was in his house on the date of occurrence and the deceased usually resided with him there in that house But, there is no evidence to establish that at the time of occurrence, the deceased was with the accused in his house Not find the conviction of the accused is based on evidence on record. Therefore, he deserves acquittal on benefit of doubt.

Relevant Paras 

12) The evidence of PW3 & PW4 has no bearing on the decision of this case as none of them has indicated in their evidence as to the source of their information that the accused- appellant had assaulted the deceased. Therefore, their evidence remains hearsay having no evidentiary value.
13) PW5, Dr. Debarshee, is the autopsy doctor. On 15.07.2016, she had performed the postmortem examination on the dead body of the deceased Somari and found as follows.
External Appearance: A female dead body of average built and swarthy complexion with eyes closed and mouth partially opened. Wearing a red colour blouse and brown petticoat. Swelling of the left perioribital area is present. The rigor mortis is found to be present all over the body and the body was cold to touch externally and warm internally.
Injuries:-
1. A contusion of size 3 cm x 2 cm is present in the 6th intercoastal space in the mid axillary line on the right side of the chest;
2. A contusion of size 16 cm x 14 cm is present over anterolateral aspect of left arm along with swelling;
3. The left ear lobule is found to be lacerated at places. The margins of the wound are found to be contused and irregular;
4. Sternum is found fractured in its upper one third;
5. 2nd, 3rd, 4th, 5th and 6th ribs are found fractured in the mid clavicular
in the right chest;
6. 2nd, 3rd, 4th and 5th ribs are found fractured in the mid calvicular line on the left side of chest.
On examination of cranium and spinal canal: Scalp healthy. Left temporalies muscle found
contused at places. Skull and vertebrae are healthy. Membrane and brain are pale. Spinal cord not examined.

On examination of the abdomen: The superior surface of the liver is found lacerated and the size of the laceration is 6.5 cm x 1 cm x liver parenchyma deep. Spleen was healthy. Kidneys are pale. The bladder mucosa was pale and the bladder cavity was empty. The walls were healthy and on dissection, the abdominal cavity was found to contain 1200 ml liquid and clotted blood. Peritoneum was pale. Mouth, pharynx and oesophagus, mucosa was pale in stomach. Mucosa was pale and the stomach cavity was empty and small intestine, mucosa was pale and contents glue like contents. Large intestine, mucosa was pale and contained gaseous and fecal matters.
Thorax:- Walls as described. Ribs and carrilaged as descried. On dissection, the chest cavity was found to contain 400 ml liquid and clotted blood.
Pleurae:- Pleurae were pale and lacerated on the right side at places. Larynx and trachea: mucosa were pale. Right lung was found lacerated and contused at places. Left lung was contused at places. Pericardium was contused at places. Heart was healthy and chambers were found empty. Thorasic vessels were found healthy. Organs of generation externally healthy and internally uterus was empty and healthy. Others were found healthy.

The opinion of the doctor is follows:
Death was due to hemorrhagic shock as a result of the injuries sustained over abdomen and chest as described. All the injuries described were ante mortem and caused by blunt force impact. Approximate time since death 6-12 hours.
14) The evidence of PW6, the investigating officer, is that on 15.07.2016 he had received the FIR from PW1 and thereafter he had investigated into the case. He prepared the sketch- map of the place of occurrence vide Ext. 5. He also caused the inquest of the dead body done by one Executive Magistrate, namely, A. Baruah. He also visited the place of occurrence and sent the dead body of the deceased for postmortem examination. He also found the accused persons at the place of occurrence and arrested him. He recorded the statement of the accused-appellant and after completion of the investigation filed the charge-sheet. He has confirmed in his evidence that the PW2 had made a statement before him that the accused-appellant had told him that on the last night he had given a slap on the body of the deceased following which she fell down.
15) The evidence of the autopsy doctor (PW5) and her opinion show that the deceased had died due to the hemorrhagic shock as a result of the injuries sustained over abdomen and chest and the injuries were ante mortem in nature. There is no evidence adduced by any of the witnesses that the accused-appellant had assaulted the injured on any part of her body except on ear. From the judgment of the learned trial court, it appears that the conviction of the accused-appellant is based on circumstantial evidence as indicated in paragraph-22 of the impugned judgment. The circumstances, as pointed out by the learned trial court, are,

i) Last seen together theory,
ii) Recovery of the dead body of the deceased Somari from the accused person’s house; and
iii) Severe injuries detected on the body.
16) That apart, the learned trial court has also held that since the dead body was found in the house of the accused-appellant and as the accused-appellant and his deceased wife were the only occupants of the house, the accused-appellant is required to furnish an explanation as to under what circumstances the deceased had died.
17) We have already found that the evidence of none of the witnesses has implicated the accused-appellant with the commission of the alleged offence except speaking in unison that the dead body of the deceased was found lying in the house of the accused-appellant.

20) In this case, we have noticed that the circumstances of last seen together theory has not been proved by the prosecution. There is an explanation given in his statement under Section 313 Cr.PC by the accused-appellant that his wife/deceased left the house in the night with his permission. Section 106 Indian Evidence Act does not shift the burden of proof in a criminal trial, which is always upon the prosecution. From the evidence discussed above, we have already found that the prosecution has not been able to discharge its initial burden of proving the case as none of the witness has implicated the accused-appellant except the fact that the accused-appellant was in his house on the date of occurrence and the deceased usually resided with him there in that house. But, there is no evidence to establish that at the  time of occurrence, the deceased was with the accused-appellant in his house. Such fact has to be read in combination with the explanation of the appellant given in his statement under Section 313 Cr.PC. The accused-appellant had stated in his statement that he did not know as to at what time the deceased had come back home after she left the house with his permission. Apart from that, to base conviction on circumstantial evidence there has to be a consistent chain of circumstantial pointing unerringly to the guilt of the accused. But, here in this case we have not found any circumstance, except the evidence thattheaccusedappellantandthedeceasedusuallystayedtogetherintheirhouse. Forthis circumstance only, in spite of failure on the part of the prosecution to discharge its initial burden to prove the case, we are unable to persuade ourselves to hold the accused- appellant guilty of commission of murder of the deceased taking refuge of the provisions of Section 106 of the Indian Evidence Act.

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Judgment Gauhati High Court -PS. Khowang vs state Acquittal display_pdf (3)

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Case :- CRIMINAL APPEAL No. – 1263 of 2015 Appellant :- Mohd. Azam
Respondent :- State Of U.P.

Connected with
Case :- CRIMINAL APPEAL No. – 745 of 2015
Appellant :- Liaqat And Another
Respondent :- State Of U.P.

Hon’ble Bala Krishna Narayana,J. Hon’ble Irshad Ali,_

• Section 154 CRPC Indian Evidence Act, 1872 Section 45 First Information Report Murder Two appeal against same Prosecution case as spelt out in the FIR which was lodged by P. W. 1 claiming himself to be an eye witness of the occurrence was that the deceased had received one gun shot each from the appellant Whether the prosecution has been able to prove its case against the accused-appellants beyond all reasonable doubts or not Where the First Information Report is apparently a suspicious document and finds no corroboration from the Inquest report, then no reliance can be placed on the story of the prosecution as alleged therein Admittedly, the firearm weapons which were allegedly used by the accused appellants for committing the murder of the deceased were never recovered during investigation Report of forensic expert regarding the bullet and the pellet which were recovered from the body of the deceased, plain and bloodstained earth recovered from the place of occurrence and the clothes of the deceased Forensic evidence on record is not at all sufficient to link the appellants with the offence for which they have been convicted Absence of recovery of any fire arms from the accused coupled with the fact that the blood stains were either totally disintegrated or not capable of any classification in the report of the serologist would render the forensic evidence insufficient to link the accused with the commission of the alleged offence Prosecution has miserably failed to prove its case against the appellants beyond all reasonable doubts Neither the recorded conviction of the appellants nor the sentences awarded to them can be sustained and are liable to be set aside Ordered accordingly.

[Relevant Paras]

17. We now proceed to evaluate the evidence of P. W. 4 Asharfi Lal on the aforesaid aspect of the matter. P. W. 4 Asharfi Lal in his examination-in-chief on page 32 of the paper book has deposed that he was posted as Officer-In- Charge of Police Station Devgaon on 28.12.1995. On that day at about 10 A.M., P. W. 1 Abdul Kalam son of Mohd. Islam along with his 4 or 5 companions had come to the police station at about 10 A.M. On the information given to him by P. W. 1 Abdul Kalam that one Imamuddin @ Buggu resident of Village Katauli Khurd had been shot dead, he after issuing the necessary directions to register the case, reached the place of occurrence along with his force in a government jeep in village katauli Khurd and on reaching there he saw a dead body lying on cot. He after nominating the inquest witnesses commenced the inquest proceedings at 11 A.M. The inquest report which is on record as Ext. Ka4 also indicates that inquest proceedings had commenced pursuant to the information given at the police station by Abdul Kalam son of Mohd. Islam that Imamuddin @ Buggu had been shot dead. The inquest report Ext. Ka4 neither mentions the case crime number nor the names of the accused. P. W. 4 Asharfi Lal was re-examined and he in his re-examination on page 37 of the paper book deposed that the FIR of the incident which was on the record of the case was prepared on the basis of the written complaint given by Mohd. Ashahad son of Ayyub Ahmad on 28.12.1995 which is on record as Ext. Ka1. He further deposed before the Court that he was not aware about the fact whether there was any other person in village Katauli Khurd called Abdul Kalam son of Islam or not. He was also not aware whether the name of the father of Abdul Kalam is Ayyub or not. Chek FIR was not prepared on the basis of the written report given to him at the place of occurrence at the time when he had gone there to conduct inquest proceedings. He had received the written report of the occurrence when he had returned to the police station after completing the inquest proceedings which was signed by P. W. 2 Ashahad. The written report signed by Ashahad was received by him after 4 hours. He had scolded the Munshi for his having not prepared the chek FIR after receiving the written complaint of Abdul Kalam.

19. Thus, the credibility of the FIR in this case stands totally shattered in view of the evidence on record. Since the FIR in this case itself appears to be a devious, bogus and fictitious document, hence no reliance on the prosecution story as spelt out therein can be placed.

22. Admittedly the firearm weapons which were allegedly used by the accused-appellants for committing the murder of the deceased were never recovered during investigation. We are absolutely in the dark about the kind of weapons which were used by the culprits. The report of forensic expert vis-a-vis the bullet and the pellet which were recovered from the body of the deceased, Imamuddin @ Buggu, plain and bloodstained earth recovered from the place of occurrence and the clothes of the deceased Ext. Ka12 merely states that the blood was found on the bloodstained earth and other articles sent for forensic examination but the same were either totally disintegrated or not capable of classification. We are afraid that the forensic evidence on record is not at all sufficient to link the appellants with the offence for which they have been convicted. Moreover, neither there is any evidence nor any suggestion which may indicate as to which out of two accused, Mohd. Azam and non-appellant, Ajaz had shot at the deceased with the double barrel gun. The three ante mortem injuries noted by P. W. 3 Dr. Rajendra Prasad, Chief Pharmacist, Police Hospital, District Azamgarh on the body of the deceased, Imamuddin @ Buggu are on different parts of his dead body, although, the three witnesses of the occurrence have stated in unison that the two shots were fired by the appellants at the deceased.

23. In the instant case, the accused-appellants were neither apprehended on the spot nor any firearm was recovered from them or on their pointing out at any stage of the investigation.
24. Thus, in the present case, we find that the manner of assault as described in the FIR and later testified by the three witnesses of fact produced during the trial by the prosecution does not find corroboration from the medical evidence on record which puts a big question mark against their claim of being eye-witnesses of the occurrence. Moreover, all the three witnesses of fact, two of them namely P. W. 1 Abdul Kalam and P. W. 2 Ashahad being the real brothers of the deceased while P. W. 5 Javed Khan his cousin brother, are highly interested witnesses. It is true that the evidence of a witness cannot be discarded merely on account of his being a relative of the deceased if upon a cautious appraisal of his evidence, the Court comes to the conclusion that he has given correct and cogent description of the incident but considering the material contradictions in their testimonies inter alia on the point of time and the identity of the person who had lodged the FIR of the occurrence and the irreconcilable conflict between the ocular version and the medical evidence with regard to the number of shots fired at the deceased by the accused-appellants, it cannot be said that the three witnesses of fact have given cogent and correct description of the occurrence and that their evidence is wholly reliable and trustworthy. The previous enmity between the parties could be a very strong reason for them to falsely implicate the appellants after the dead body of the deceased was found.

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CRLA(A)_1263_2015 (1) Mohd. Azam va State Of U.P. & liyaqat va state of up

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Udhav vs State Of Maharashtra CRLA 734/15 23/02/23 [ VIBHA JJ ]

BOMBAY HIGH COURT

Sections 302, 498A, 323 and 506 IPC II Section 374 CRPC Appeal against conviction Murder Alleged that accused sprinkled kerosene on her person and set her ablaze Daughter of accused and deceased, who was very much available in the house, speaks of her mother heating water and suffering accidental burns Prosecution has not taken pains to examine other two childern of deceased and accused Dying declarations are not reliable Prima facie dying declarations cannot be said to be consistent version Even attestation has not been obtained below alleged thumb impression of deceased Infirmities in the dying declarations Dying declaration cannot be relied Appellant stands acquitted Conviction set aside. [Paras 22, 23, 26 and 28]

22. Now, let us shift to the second set of evidence i.e. dying declarations. First dying declaration seems to be recorded by PW8 Sopan, a Police Constable, who was said to be on duty at Police Chowki in Civil Hospital, Parbhani, which is at Exh.44 and second dying declaration is recorded by PW10 Sk.Mohd. Washim Sk. Mohd. Hussain, Special Executive Magistrate, which is at Exh.53.
First dying declaration seems to be recorded at 11:00 a.m. on 12-07-2104. Second dying declaration which also seems to be recorded on same day, is at Exh.53 but it is recorded at around 03:20 p.m.
23. Before testing the voluntariness, truthfulness, admissibility and reliability of both the dying declarations, we propose to give a brief account of the settled principles relating to recording of dying declaration, which we have come across, dealt and decided by Hon’ble Apex Court in Criminal Appeal Nos.194-195 of 2012 in the case of Purshottam Chopra and Anr. vs. State (Govt. of NCT Delhi) wherein after dealing with several landmark rulings, the principles are summarized and we propose to quote the same here which are as under :
“i) A dying declaration could be the sole basis of conviction even without corroboration, if it inspires confidence of the Court.
ii) The Court should be satisfied that the declarant was in a fit state of mind at the time of making the statement; and that it was a voluntary statement, which was not the result of tutoring, prompting or imagination.
iii) Where a dying declaration is suspicious or is suffering from any infirmity such as want of fit state of mind of the declarant or of like nature, it should not be acted upon without corroborative evidence.
iv) When the eye-witnesses affirm that the deceased was not in a fit and conscious state to make the statement, the medical opinion cannot prevail.
v) The law does not provide as to who could record dying declaration nor there is any prescribed format or procedure for the same but the person recording dying declaration must be satisfied that the maker is in a fit state of mind and is capable of making the statement.
vi) Although presence of a Magistrate is not absolutely necessary for recording of a dying declaration but to ensure authenticity and credibility, it is expected that a Magistrate be requested to record such dying declaration and/or attestation be obtained from other persons present at the time of recording the dying declaration.
vii) As regards a burns case, the percentage and degree of burns would not, by itself, be decisive of the credibility of dying declaration; and the decisive factor would be the quality of evidence about the fit and conscious state of the declarant to make the statement.
viii) If after careful scrutiny, the Court finds the statement placed as dying declaration to be voluntary and also finds it coherent and consistent, there is no legal impediment in recording conviction on its basis even without corroboration.”
The above principles are culled out after taking into account various rulings.

26. If above two dying declarations are compared, it is emerging that in firstdying declaration, there is only material about accused no.1 saying that he wanted to reside with accused no.2 and hence he would kill deceased. Whereas in second dying declaration, deceased informs that accused no.1 told to her that accused no.2 had asked him to kill deceased and therefore, he poured kerosene and ignited her. Consequently, second dying declaration is distinct from first dying declaration and in second dying declaration there is improvisation. Therefore, prima facie dying declarations cannot be said to be consistent version. Further inspite of deceased being brought in the hospital at around 07:40 a.m., no efforts were taken to record her dying declaration immediately, rather steps seems to be taken for issuing M.L.C. at around 08:30 a.m. or so even when Police Chowki is located in the very hospital and further Police Constable seems to have approached deceased for recording dying declaration at around 11:00 a.m. i.e. after three hours or so after admission. On carefully going through the dying declarations, to the naked eye it is apparent that certification of fitness are taken in deliberately kept space. Inference that can be drawn is that certifications were not taken before or during recording. Even attestation has not been obtained below alleged thumb impression of deceased. Therefore, apart from variances, there are infirmities in the dying declarations.

28. We have gone through the judgment passed by the learned trial Judge.
It seems that inspite of infirmities and variance in dying declarations, learned trial Judge has held the dying declarations to be voluntary and truthful and seems to have accepted the same and further acted upon it while recording
guilt of the accused. Evidence of PW1 Maya, very own daughter of accused no.1 and deceased, and PW6 Laxman, immediate neighbour does not seem to have been appreciated properly. He relied on those two dying declarations
which are the indirect pieces of evidence. When direct i.e. oral evidence of eye witness is otherwise, then dying declaration cannot be relied.

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Udhav s:o Nagorao Salve vs state of Maharashtra-Judgment-The law Literates – Vaibhav Tomar

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SUPREME COURT OF INDIA 🇮🇳

[Justice Dr Dhananjaya Y Chandrachud & Justice AS Bopanna] Double Bench

Section 311 CRPC Power to summon Section 311 provides that the Court may summon any person as a witness or to examine any person in attendance, though not summoned as a witness and Recall and re-examine any person who has already been examined This power can be exercised at any stage of any inquiry, trial or other proceeding under the CrPC Latter part of Section 311 states that the Court shall summon

and examine or recall and re-examine any such person if his evidence appears to the Court to be essential to the just decision of the case Section 311 contains a power upon the Court in broad terms Statutory provision must be read purposively, to achieve the intent of the statute to aid in the discovery of truth First part of the statutory provision which uses the expression “may” postulates that the power can be exercised at any stage of an inquiry, trial or other proceeding – Latter part of the provision mandates the recall of a witness by the Court as it uses the expression “shall summon and examine or recall and reexamine any such person if his evidence appears to it to be essential to the just decision of the case” – Essentiality of the evidence of the person who is to be examined coupled with the need for the just decision of the case constitute the touchstone which must guide the decision of the Court – First part of the statutory provision is discretionary while the latter part is obligatory*_

• VARSHA vs STATE of MP CRLA 1021/22 08/08/22 [ Dhananjaya ]
• 

The Court in Swapan Kumar (supra) observed:

―11. It is well settled that the power conferred under Section 311 should be invoked by the court only to meet the ends of justice. The power is to be exercised only for strong and valid reasons and it should be exercised with great caution and circumspection. The court has wide power under this Section to even recall witnesses for re-examination or further examination, necessary in the interest of justice, but the same has to be exercised after taking into consideration the facts and circumstances of each case. The power under this provision shall not be exercised if the court is of the view that the application has been filed as an abuse of the process of law.
12. Where the prosecution evidence has been closed long back and the reasons for non-examination of the witness earlier are not satisfactory, the summoning of the witness at belated stage would cause great prejudice to the accused and should not be allowed. Similarly, the court should not encourage the filing of successive applications for recall of a witness under this provision.‖

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SC_Judgement_08-Aug-2022 (2)-311-CRPC Vaibhav tomar- The-law-literates

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SUPREME COURT OF INDIA 

MAGHAVENDRA vs STATE OF CHHATTISGARH CRLA 915/16 24/04/23

JUSTICE SANJAY KAROL (SC)

Criminal Trial Circumstantial evidence Defective investigation The witness to have signed documents which were blank, purportedly used by the police to strengthen this case No direct evidence is available which firmly proves the ballistic report, i.e., the expert’s report Neither the expert who analysed and conducted the chemical analysis nor the author of the report stand examined Before arresting the accused, no information was ever supplied to the family members of any of the accused persons The record does not reflect that the house from which there coveries were affected belonged to accused The Investigating Officer’s testimony to be inspiring in confidence The 1.0. did not enter his movement in the case diary He does not associate any of the residents of the area for conducting the search Most importantly he admits that both the memo of arrest as also the recovery not to have been prepared by him or bearing his signature and the same too,

will be helpful to refer to the general principle of cases
revolving around circumstantial evidence as encapsulated by Vijay Shankar v. State of Haryana (2015) 12 SCC 644. The relevant
portion is as follows:
“8. There is no eyewitness to the occurrence and the
entire case is based upon circumstantial evidence. The normal principle is that in a case based on circumstantial evidence the circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established; that these circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused; that the circumstances taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and they should be incapable of explanation of any hypothesis other than that of the guilt of the accused and inconsistent with their innocence vide Sharad Birdhichand Sarda v. State of Maharashtra [Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116 : 1984 SCC (Cri) 487]. The same view was reiterated in Bablu v. State of Rajasthan [Bablu v. State of Rajasthan, (2006) 13 SCC 116 : (2007) 2 SCC (Cri) 590].”
13. In light of the fact that all the co­accused who had preferred appeals stand acquitted by the Court below, therefore, while fully appreciating the testimony of this witness, this Court confines the

8
discussions only concerning the present appellant, namely Pankaj Singh.
14. Interestingly, neither of the independent witness (PW 6 and PW 7) supported the prosecution case. Despite extensive cross­ examination conducted by the Public Prosecutor, nothing substantial could be elicited from their testimonies indicating any guilt of the accused. Noticeably, both the witnesses are rustic villagers working as daily wagers, have deposed to have signed blank papers, and are not residents of the area.
15. A perusal of the testimony of PW­6 unrefutably reveals the witness to have signed documents which were blank, purportedly used by the police to strengthen this case for the commission of the offence.

Conclusion

45. In the considered opinion of the Court, the High Court, without appreciating the testimonies of the witnesses mentioned above in their true import and meaning, and without having any discussion concerning the complicity of the accused, in a perfunctory manner held the prosecution to have established the case, which is entirely circumstantial in nature, against the present appellant. Significantly, the High Court holds that the evidence reveals that “in all human probability the act must have been done by the accused”. Inter alia, it

Dated : 24th April, 2023; Place : New Delhi.
22
is this finding which we find to be erroneous, for the principle of determining the guilt of the accused in a case involving circumstantial evidence is not that of probability but certainty and that all the evidence present should conclusively point towards only a singular hypothesis, which is the guilt of the accused, Pankaj Singh.
46. Given the above, the Judgment dated 14.1.2016 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.468 of 2013 titled Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh is set aside and the appeal is allowed.

have many corrections and overwriting, thus reducing the correctness and authenticity of this document Order of conviction passed by High Court is set aside Appeal is allowed.

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Pankaj singh vs state of CHATTISGARH Judgement_24-Apr-2023 VAIBHAV TOMAR

Adv Vaibhav Tomar (All Rights Reserved )

ALLAHABAD HIGH COURT

Satish vs State of UP CRLMBA 53/21 12/09/22 SUBHASH JJ

Sections 147, 148, 149, 307, 452, 324, 504 and 506 IPC Section 437 CRPC Bail Assault Incident took place because of a dispute between the parties regarding a piece of agricultural land F.I.R, alleges assaults made by sharp edged weapons by the applicant as by the co-accused As the applicant is claiming title to the land which appears to be the root cause of the incident, there appears to be no reasonable probability of his absconding, in case he is released on bail Application filed with affidavit of woman of the family stating that applicant has no criminal history – Neither applicant signed the affidavit nor has he provided any false information – Applicant claims to be recorded tenure holder of the piece of land in question – Members of both parties suffered injuries – Who was aggressor yet to be ascertained – Co-accused already granted bail – Applicant already acquitted in five out of 6 cases – Applicant directed to be released on bail – Conditions imposed – Bail application allowed. [Paras 4, 18, 19 and 21]

In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case. The incident took place because of a dispute between the parties regarding a piece of agricultural land. The affidavit contains and undertaking that if the applicant is released on bail, he will not misuse the liberty and will not tamper with the evidence.

18. In Emperor v. H. L. Hutchinson AIR 1931 All 356, this Court had held that an accused person who enjoys freedom is in a much better position to look after his case and to properly defend himself than if he were in custody. As a presumably innocent person he is therefore entitled to freedom and every opportunity to look after his own case. A presumably innocent person must have his freedom to enable him to establish his innocence.
19. Having considered the submissions made by the learned Counsel for the parties in light of the law explained in the above referred judgments and gone through the record, I find the following factors to be relevant for deciding the application for grant of bail to the applicant: –
(i) The applicant claims himself to be a recorded tenure holder of a certain piece of land and the incident took place because the informant and some other persons of his side also claim rights in respect of the same land;
(ii) The applicant had lodged a Non Cognizable Report of the incident promptly on the same day i.e. on 05.10.2020, at 23:08 hours against the informant Raja Singh, his father Dinesh Singh and his uncle Sumant Singh complaining about the incident;
(iii) The medico legal examination reports of the applicant and Gore Sachan indicate that both of them had suffered injuries in the incident;
(iv) The present case prima facie appears to be a cross case and it is yet to be ascertained as to who was the aggressor;
(v) The F.I.R., alleges assaults made by sharp edged weapons by the applicant as by the co-accused Uttam Tiwari and the assaults made by both of them are said to have resulted in simple injuries to two brothers, and the co-accused Uttam Tiwari has already been granted bail by means of an order dated 01.02.2021 and the case set up against the applicant is similar to that set up against the co-accused Uttam Tiwari;
(vi) Although the applicant has a criminal history of six cases, in five cases he has already been acquitted and the appeal filed by the applicant against the conviction in the sixth case has been admitted by this Court and the order of sentence has been suspended by this Court;

(vii) The affidavit filed in support of the bail application contains an undertaking that if the applicant is released on bail, he will not misuse the liberty and will not tamper with the evidence and nothing has been said in the counter affidavit so as to raise a reasonable doubt against this undertaking ;
(viii) As the applicant is claiming title to the land which appears to be the root cause of the incident, there appears to be no reasonable probability of his absconding, in case he is released on bail.
20. In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed.
21. Let the applicant Satish Sachan be released on bail in Case Crime No. 481 of 2020, under Sections 147, 148, 149, 307, 452, 324, 504, 506 IPC, Police Station Ghatampur, District Kanpur Dehat on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.
(iv) The applicant shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
22. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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BAIL(A)_53_2021 (1)

adv Vaibhav Tomar (All rights Reserved)

Commercial law in India is a broad area of law that governs business transactions and activities. It encompasses a wide range of legal principles and rules related to commercial contracts, company law, banking law, securities law, and competition law, among other areas.

Commercial law in India is primarily governed by two key statutes: the Indian Contract Act, 1872, and the Sale of Goods Act, 1930. These two acts provide the foundational legal principles governing commercial contracts and the sale of goods, respectively.

In addition to these two key statutes, India has a comprehensive body of company law, governed primarily by the Companies Act, 2013, which regulates the formation, operation, and management of companies in India. This includes provisions related to the incorporation of companies, the duties and responsibilities of company directors and shareholders, and the procedures for corporate mergers and acquisitions.

India also has a robust banking and finance sector, governed by a range of laws and regulations related to banking, securities, and insurance. The Reserve Bank of India (RBI) is the primary regulator of the banking sector in India, and it issues regulations and guidelines related to banking operations, capital requirements, and prudential norms, among other areas.

Finally, India has a competition law regime, governed by the Competition Act, 2002, which is designed to prevent anti-competitive practices and promote fair competition in the Indian marketplace. The Competition Commission of India (CCI) is the primary regulator of competition law in India, and it is responsible for enforcing the provisions of the Competition Act.

Overall, commercial law in India is a complex and evolving area of law, which plays a crucial role in shaping and regulating the Indian economy.

Globalisation has had a significant impact on commercial law. Commercial law refers to the body of law that governs business and commercial transactions, including contracts, sales, and corporations. Globalization has led to an increase in cross-border transactions, which has created a need for harmonization of commercial laws across countries.

One way in which commercial law has become globalized is through the adoption of international conventions and treaties. For example, the United Nations Convention on Contracts for the International Sale of Goods (CISG) is a widely adopted convention that governs the sale of goods between businesses from different countries. The Convention provides a uniform set of rules for the formation of contracts, the obligations of the parties, and the remedies available for breach of contract.

Another way in which commercial law has become globalized is through the influence of international organizations such as the International Chamber of Commerce (ICC) and the International Institute for the Unification of Private Law (UNIDROIT). These organizations have developed model laws and guidelines that provide guidance on various aspects of commercial law, such as international arbitration, cross-border insolvency, and commercial contracts.

Furthermore, the growth of technology and the internet has created new challenges for commercial law. E-commerce, for example, has created a need for new regulations to govern online transactions. The growth of data protection and privacy laws also affects cross-border commercial transactions.

In summary, globalization has led to the harmonization and standardization of commercial law across countries through the adoption of international conventions, the influence of international organizations, and the development of new regulations to address new challenges posed by technology and the internet.

The globalization of commercial law with case law has had a significant impact on Indian law as well. India is a rapidly developing economy, and its legal system has had to adapt to the challenges and opportunities presented by globalization and the increasing interconnectedness of the world economy.

In recent years, Indian courts have increasingly relied on case law from other jurisdictions, particularly the United States and the United Kingdom, in developing commercial law principles. This is partly due to the fact that India has a common law system, which shares many similarities with the legal systems of these countries.

Case law has played an important role in shaping Indian commercial law in several key areas. For example, Indian courts have relied on case law from the United States and other countries in developing principles related to intellectual property rights, which are increasingly important in a globalized economy. Similarly, Indian courts have looked to case law from other jurisdictions in developing principles related to international trade and investment, including the enforcement of international arbitration agreements.

However, the globalization of commercial law with case law has also presented challenges for Indian law. For example, there is a tension between the need to adopt international commercial law principles in order to facilitate cross-border trade and investment, and the need to protect local businesses and industries from unfair competition. Indian courts have had to navigate this tension carefully, balancing the need to facilitate economic growth with the need to protect local businesses and industries.

Overall, the globalization of commercial law with case law has had a significant impact on Indian law, helping to shape and develop the country’s commercial legal system in the context of an increasingly interconnected and globalized world economy.

all right reserved (Vaibhav Tomar) 𝔸𝕕𝕧 

it’s my opinion

Human trafficking/ laws / Famous Cases/ Complication 

Human trafficking is a form of modern-day slavery where individuals are exploited for labor or commercial sex through the use of force, fraud, or coercion. Human trafficking can take many different forms, such as:

Forced labor: Individuals are forced to work without pay or under inhumane conditions, often in industries such as agriculture, construction, domestic work, or manufacturing.
Sex trafficking: Individuals are forced to engage in commercial sex acts, such as prostitution or pornography.
Child trafficking: Children are forced into labor or commercial sex acts.
Debt bondage: Individuals are forced to work in order to pay off a debt that they cannot realistically repay.
Forced marriage: Individuals are forced into a marriage against their will.
Human trafficking is a global issue that affects millions of people worldwide. It is often linked to other crimes, such as drug trafficking, arms trafficking, and money laundering. Governments, NGOs, and international organizations are working to prevent human trafficking, protect victims, and prosecute traffickers.

Laws
Human trafficking is a serious crime in India, and it is addressed by various laws and regulations at the national and state levels.

The primary law that deals with human trafficking in India is the Immoral Traffic (Prevention) Act, 1956 (ITPA). This act was enacted to prohibit the trafficking of women and girls for commercial sexual exploitation and to provide for the rehabilitation of victims. The ITPA was amended in 2018 to address issues related to trafficking of men and children, forced labor, and online exploitation.

In addition to the ITPA, other laws that address human trafficking in India include:

The Protection of Children from Sexual Offences (POCSO) Act, 2012, which provides for the protection of children from sexual abuse and exploitation, including trafficking.
The Bonded Labour System (Abolition) Act, 1976, which prohibits bonded labor and provides for the punishment of offenders.
The Juvenile Justice (Care and Protection of Children) Act, 2015, which provides for the care, protection, and rehabilitation of children who are victims of trafficking.
The Prevention of Money Laundering Act, 2002, which criminalizes the laundering of proceeds from trafficking and other crimes.
India has also signed and ratified several international conventions and protocols related to human trafficking, including the UN Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

Famous cases related to human trafficking 

There have been several high-profile cases of human trafficking in India over the years. Here are a few notable ones:

Suryanelli sex scandal: In 1996, a 16-year-old girl from Suryanelli in Kerala was abducted and sexually assaulted by a bus conductor, who then sold her to various men for 40 days. The case became a scandal as several high-profile people were implicated, including politicians and businessmen.
Baby Falak: In 2012, a two-year-old girl named Falak was admitted to a hospital in Delhi with severe injuries, including a fractured skull and bite marks all over her body. It was later revealed that she had been sold multiple times and subjected to physical and sexual abuse. The case led to widespread outrage and calls for stronger laws against human trafficking.
Sonagachi case: In 2016, a sex trafficking racket was busted in Sonagachi, Kolkata’s largest red-light district. The police rescued 25 girls and arrested several people, including a woman who ran the brothel and a man who acted as a pimp.
Nirbhaya case: The infamous 2012 Delhi gang-rape case also had elements of human trafficking. The victim, a 23-year-old medical student, was lured onto a bus by a group of men, who then gang-raped and tortured her. One of the perpetrators was reportedly a trafficker who had promised the victim a job before abducting her.
Operation Muskaan: This was a nationwide rescue operation conducted by the Indian police in 2019, in which over 15,000 children were rescued from various forms of exploitation, including trafficking. The operation was conducted over a period of two months and covered all 29 states of India.

Complications:

Human trafficking is a complex issue that can have far-reaching and long-lasting effects on individuals, communities, and societies. Here are some of the complications associated with human trafficking:

Physical and emotional trauma: Trafficked individuals may experience physical and emotional trauma, including physical abuse, sexual violence, and psychological trauma. These experiences can have long-term effects on the individual’s health and well-being.
Social stigma: Trafficked individuals may face social stigma and discrimination due to the nature of their exploitation, which can lead to isolation and further trauma.
Legal challenges: Trafficked individuals may face legal challenges in accessing justice and seeking redress, as they may not have legal status or may fear retribution from their traffickers.
Economic impact: Trafficked individuals may face significant economic challenges, as they may have lost their livelihoods, be in debt bondage, or be unable to access formal employment due to their legal status or lack of education.
Interconnectedness with other crimes: Human trafficking is often interconnected with other crimes, such as money laundering, drug trafficking, and terrorism, which can make it difficult to investigate and prosecute.
Transnational nature: Human trafficking is a transnational crime that often involves multiple jurisdictions, which can make coordination and cooperation between law enforcement agencies challenging.
Lack of awareness: Many people may not be aware of the signs of human trafficking or the scale of the problem, which can hinder efforts to prevent trafficking and protect victims.

laws and regulations at the national and international levels

Human trafficking is a serious crime that is addressed by various laws and regulations at the national and international levels. Here are some of the key laws related to human trafficking:

The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which supplements the UN Convention against Transnational Organized Crime. The Protocol provides a comprehensive definition of human trafficking and sets out measures to prevent and combat the crime, protect and assist victims, and promote cooperation among states.
The US Trafficking Victims Protection Act (TVPA), which sets out measures to prevent human trafficking, protect and assist victims, and prosecute offenders. The TVPA also includes provisions on forced labor, child labor, and sex trafficking.
The European Union Directive on preventing and combating trafficking in human beings and protecting its victims, which sets out measures to prevent trafficking, protect and assist victims, and prosecute offenders.
The Immoral Traffic (Prevention) Act, 1956 (ITPA) in India, which prohibits trafficking of women and girls for commercial sexual exploitation and provides for the rehabilitation of victims. The ITPA was amended in 2018 to address issues related to trafficking of men and children, forced labor, and online exploitation.
The Palermo Protocol, which is a supplement to the UN Convention against Transnational Organized Crime, and includes provisions on human trafficking, smuggling of migrants, and the use of false documents.
The Criminal Code of Canada, which includes provisions on human trafficking, forced labor, and child prostitution.
The Modern Slavery Act 2015 in the United Kingdom, which includes provisions on forced labor, human trafficking, and slavery.
These laws, along with other national and international instruments, aim to prevent human trafficking, protect and assist victims, and prosecute offenders. They also highlight the importance of international cooperation in addressing the crime of human trafficking.

Adv Vaibhav Tomar (All Rights Reserved)

it’s my opinion