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TMI Blog2022 (3) TMI 1548X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Atrocity Act, 1989, stating therein that the complainant is residing at Vav, and having three brothers. On 2.01.2007 at afternoon, the complainant gone to his farm and at that time the accused persons came to his house and all the accused abused the complainant by uttering obscene words in public relating to the mother and Sister of the complainant and also to his wife Sonaben and minor son Dhanji, and saying "Taro Dhani Vadhare Dahyo Thay Chhe, Te Aeklo Mali Jay to Janthi Mari Nakhavo Chhe, and Amari Aagal Tamari Shu Hesiyat Chhe Sala Kandao Tamoto Varsho Thi Amara Gulam Chho Jethi Ame Kahie Tem Karvu Padshe". On hearing the shout of the complainant's wife and accused persons Complainant's mother Gomtiben and Uncle's daughter came there and pacified them. Thereafter, the complainant filed a complaint with C.R. No. 3001/2007, and the offence was registered at Suigav Police Station against the accused persons for offences punishable under Sections 504, 506(2), 114 of the Indian Penal Code and Sections 3(1) (10) of the Atrocity Act, 1989. 2.1. On the basis of the said complaint, investigation was initiated and as there was sufficient evidence against the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dhanji and at the time of quarrel no witness was present as per the case of the complainant, when the complainant' wife Sonalben had gone to scold, the accused insulted against her caste. However, the wife of the complainant has not lodged any complaint. The complaint is filed on the next day. There is no reasonable explanation for lodging the complaint belatedly. The delay is not explained in the complaint or in the evidence, prima facie it appears that the complaint itself is suspicious. Further though the incident had happened in the public state, other independent witness is not examined. In absence of corroboration to the witnesses, the complainant's complaint is doubtful. 5.1. Panch witness Jagabhai Chandabhai Rathod who is examined at Ex.11 is the panch of the panchnama of place of offence Ex.12. The said witness has stated that in the field of the accused No. 1 there was electric pole and at the time of incident the said witness was sitting at the house of the complainant and at that time he has put his signature and in the house itself the signature of the panchwitness has been obtained. Thus, panchnama is prepared in the house and signature of the panch witness ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tness, the accused have used words against her caste. It is her case that her son was flying kite and kite had gone to the field of the accused and the accused Thana gave filthy languages and son returned crying. The complainant has given complaint that all the accused told that "Mari Nakhvi Chhi ane Kapi Nakhvi Chhi ane Taro Dhani Ghanu Dodhdayu bole chhe, dhedha kanda tame su karina nakhvana chho, lakh rupiya bagadi nakhva chhi pan aa lokone finish karinakhvana chhe". The complaint is lodged by her husband. She admits that due to tractor the edge of the field had broken. Further, it is not written in the cross complaint that the kite had gone to the field of the accused and accused Raju Thana had used abusive language. Further it is also not written in the cross examination that all the three accused had come and they threatened her to kill and even "maro dhani su bole chhe lakh rupiya bagadva chhe" are also not written in the complaint. It is also not written in the cross examination that the accused said that "kandaone finis kari nakhva chhi". Considering the cross examination of this witness, the possibility of false implication cannot be ruled out. 5.4. Ratanben Nagabbhai wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifferent from the evidence of other witnesses. This witness also has not given evidence regarding using words against caste. Hence, evidence of this witness is also not believable. 5.6. Veljibhai Vastabhai, A.S.I. is examined at Ex.20 who recorded the FIR at the relevant time. He admitted that no reason for giving the FIR late was given by the complainant. Thus, the delay in lodgment of the FIR creates a serious doubt about occurrence of the incident. 5.7. Witness Bhikhabhai Bhagvanbhai, investigating officer is examined at Ex.25. He has investigated the offence and has filed chargesheet. As per the investigation of this witness, it has not come on record that when the incident occurred and for what reason. In cross examination it is mentioned that Sonalben has not stated in her statement that the kite had gone in the field of the accused and even it is not stated in the statement that accused Rajput Thana gave filthy abuses. No statement of independent witnesses are recorded by this witness, though available. Therefore, the investigation is also not trustworthy. Thus, from the aforesaid discussion, it is clear that the prosecution has failed to prove the case beyond reasonable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instance, if an innocent person is sent to jail and undergoes the sentence, the scars left by the miscarriage of justice cannot be erased by any subsequent act of expiration. Not many persons undergoing the pangs of wrongful conviction are fortunate like Dreyfus to have an Emile Zola to champion their cause and succeed in getting the verdict of guilt annulled. All this highlights the importance of ensuring, as far as possible, that there should be no wrongful conviction of an innocent person. Some risk of the conviction of the innocent, of course, is always there in any system of the administration of criminal justice Such a risk can be minimised but not ruled out altogether It may in this connection be apposite to refer to the following observations of Sir Carleton Alien quoted on page 157 of "The Proof of Guilt" by Glanville Williams, second edition: "I dare say some sentimentalists would assent to the proposition that it is better that a thousand, or even a million, guilty persons should escape than that one innocent person should suffer; but no responsible and practical person would accept such a view. For it is obvious that if our ratio is extended indefinitely, there comes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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