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1952 (12) TMI 35 - SC - Indian Laws

Issues Involved:
1. Legitimacy of the High Court's reversal of the Sessions Judge's acquittal.
2. Credibility of the prosecution witnesses.
3. Compliance with Section 342, Criminal Procedure Code, during the trial.

Issue-wise Detailed Analysis:

1. Legitimacy of the High Court's Reversal of the Sessions Judge's Acquittal:
The appellant, Ajmer Singh, was acquitted by the Sessions Judge but convicted by the High Court under Section 304, IPC, and sentenced to ten years of rigorous imprisonment. The Supreme Court had to determine if the High Court's decision to overturn the acquittal was justified. The High Court meticulously reviewed the evidence and found the variations in witness statements to be minor and natural, given the time lapse. The Supreme Court agreed with the High Court's assessment, noting that the presumption of innocence is reinforced by an acquittal and can only be overturned for substantial and compelling reasons. The Court found no material discrepancies in the statements of Arjan Singh, a key witness, and corroboration from other witnesses, Lal Singh and Dhan Kaur, supported the High Court's findings.

2. Credibility of the Prosecution Witnesses:
The Sessions Judge had rejected the prosecution's evidence, citing inconsistencies and potential false implications due to strained relations between the parties. However, the High Court found these inconsistencies to be minor and not sufficient to reject the testimony. The Supreme Court concurred, stating that the Sessions Judge had taken an exaggerated view of minor discrepancies and had not adequately considered the corroborative evidence. The Court emphasized that the prosecution's narrative was consistent and credible, and the defense did not provide evidence to counter it. The Supreme Court found the High Court's evaluation of the witnesses' credibility to be accurate and justified.

3. Compliance with Section 342, Criminal Procedure Code, During the Trial:
The appellant argued that the trial was vitiated due to defective examination under Section 342, CrPC. The Sessions Judge had merely read out the examination from the committal court without properly questioning the accused. The Supreme Court acknowledged the defect but concluded that it did not cause prejudice to the appellant. The facts were straightforward, and the appellant was fully aware of the accusations against him. The Court held that the error was a curable irregularity and did not warrant a retrial. The Supreme Court cited Tara Singh v. The State, emphasizing that non-compliance with Section 342 does not necessarily vitiate a trial unless it causes prejudice to the accused.

Conclusion:
The Supreme Court upheld the High Court's judgment, finding no compelling reason to overturn the conviction. The appeal was dismissed, and the conviction and sentence of ten years of rigorous imprisonment were affirmed. The Court emphasized the importance of a fair trial and proper examination of the accused but found that the procedural defect in this case did not justify quashing the conviction.

 

 

 

 

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