Convictions Under Sections 302 and 498A IPC Overturned; Court Cites Contradictory Testimonies and Procedural Lapses
In a significant ruling, the Calcutta High Court has overturned the convictions of Sk. Morsed Ali and others in a high-profile burn death case from 2012. The accused had initially been sentenced to life imprisonment under Section 302, and three years of simple imprisonment under Section 498A of the Indian Penal Code (IPC), in connection with the death of a woman who allegedly died from burn injuries inflicted by her in-laws and husband.
The judgment, delivered by a Division Bench comprising Justices Rajasekhar Mantha and Ajay Kumar Gupta, highlighted numerous discrepancies and procedural lapses in the prosecution's case. The court found the evidence presented to be unreliable, including contradictions in witness testimonies, notably those of child witnesses, and procedural lapses such as delayed submission of the First Information Report (FIR) to the magistrate.
The prosecution had alleged that the accused poured kerosene on the victim and set her on fire, demanding dowry. However, the High Court determined that the prosecution failed to establish guilt beyond reasonable doubt. The victim had been living separately from her in-laws for over 13 years, which weakened the presumption under Section 304B IPC, applicable if a death occurs within seven years of marriage.
Key witness testimonies were deemed unreliable due to inadequate preliminary examination by the trial court, particularly in assessing the competence of child witnesses. The court noted that the trial judge failed to record the questions posed to child witnesses, which affected the credibility of their testimonies. The judgment referenced the Supreme Court's emphasis on the importance of thorough preliminary examinations of child witnesses to ensure they understand the duty of speaking the truth.
Moreover, the court criticized the investigation process, noting the absence of crucial evidence such as testimonies from treating doctors and local villagers. The inquest report was also silent on the names of the accused, and the FIR was lodged three days after the incident, which the court found suspicious.
The ruling underscores the importance of reliable evidence and adherence to procedural norms in criminal cases. The High Court ordered the immediate release of the accused, subject to execution of a bond, as per Section 437A of the Criminal Procedure Code.
This judgment serves as a reminder of the judiciary's role in safeguarding justice and ensuring convictions are based on incontrovertible evidence, highlighting the necessity for thorough investigations and procedural integrity.
Bottom Line:
Conviction for offences under Sections 302 and 498A read with Section 34 IPC set aside due to lack of reliable evidence, contradictions in testimonies, and procedural lapses by the prosecution.
Statutory provision(s): Sections 302, 498A, 34 IPC; Section 118 Indian Evidence Act, 1872; Section 437A Criminal Procedure Code, 1973
Sk. Morsed Ali v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2842527
