1987 (11) TMI 376 - SC - Indian Laws

Summary

Issues Involved:
1. Nature and extent of corroboration of an accomplice's evidence.
2. Procedure for the trial of offences by a "child" under the East Punjab Children's Act 1949.
3. Credibility and corroboration of the accomplice's testimony.
4. Examination of the appellant under Section 313 Cr. P.C.
5. Applicability of Section 27 of the East Punjab Children's Act 1949.

Detailed Analysis:

1. Nature and Extent of Corroboration of an Accomplice's Evidence:
The primary issue raised is the extent to which an accomplice's testimony needs corroboration. The court discussed the historical context and legal precedents regarding the credibility of an accomplice, noting that traditionally, an accomplice is considered an unreliable witness. The court cited Section 114 Illus: (b) of the Evidence Act which presumes the uncreditworthiness of an accomplice, but Section 133 allows for a conviction based on uncorroborated accomplice testimony. The court emphasized that judicial prudence requires corroboration of material particulars to ensure the safety of a conviction.

2. Procedure for the Trial of Offences by a "Child" under the East Punjab Children's Act 1949:
The appellant was approximately 15 1/2 years old at the time of the offence, classifying her as a "child" under the East Punjab Children's Act 1949. Section 27 of the Act prohibits sentencing a child to death, transportation, or imprisonment unless the child is deemed of such unruly or depraved character that other methods are unsuitable. The sessions court invoked this proviso, but the Supreme Court found it unnecessary to examine this further due to the benefit of doubt granted to the appellant.

3. Credibility and Corroboration of the Accomplice's Testimony:
The court examined the evidence provided by Ram Sarup, the accomplice-turned-approver, and the necessity for corroboration. The court referenced the principles laid down in R. v. Bhaskerville and Rameshwar Kalyan Singh v. State of Rajasthan, stating that corroboration must connect the accused with the crime. The court found that the approver's testimony lacked sufficient independent corroboration on material particulars to implicate the appellant conclusively.

4. Examination of the Appellant under Section 313 Cr. P.C.:
The court noted that crucial incriminating circumstances from the approver's testimony were not put to the appellant during her examination under Section 313 Cr. P.C. This procedural lapse meant that the appellant was not given an opportunity to explain or rebut these allegations, necessitating the exclusion of this part of the evidence from consideration.

5. Applicability of Section 27 of the East Punjab Children's Act 1949:
Given the appellant's age, the court examined the applicability of Section 27 of the East Punjab Children's Act 1949, which restricts sentencing options for children. The sessions court had certified the appellant as being of depraved character under the proviso to Section 27, but the Supreme Court found it unnecessary to delve into this due to the overall finding that the appellant was entitled to the benefit of doubt.

Conclusion:
The Supreme Court allowed the appeal, setting aside the conviction and sentence of the appellant due to insufficient corroboration of the accomplice's testimony and procedural lapses in her examination under Section 313 Cr. P.C. The appellant was directed to be released immediately. The convictions and sentences of the other accused were left undisturbed.