MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

High Court Acquits Husband in Dowry Death Case: Inconsistencies in Witness Testimonies and Delay in FIR as Key Factors

07 May 2024 8:19 AM

By: Admin


In a landmark judgment yesterday, the Gauhati High Court overturned the conviction of Sibu Sarkar, previously sentenced to life imprisonment under Section 302 of the Indian Penal Code for the alleged murder of his wife. The Bench, comprising Honourable Mr. Justice Kalyan Rai Surana and Honourable Mr. Justice Mridul Kumar Kalita, delivered a judgment that highlighted significant inconsistencies in witness testimonies and an unexplained delay in the filing of the FIR.

The High Court observed, “The delayed lodging of the FIR, in itself, raises a doubt regarding the veracity of the allegations leveled against the present appellant in the FIR.” This observation was central to their decision, emphasizing the importance of prompt and consistent reporting in legal proceedings, especially in criminal cases.

The judgment meticulously dissected the testimonies, particularly scrutinizing the reliability of a key child witness, PW-6, the daughter of the appellant and the deceased. The court noted material contradictions in her statements at different investigation stages, raising concerns about the possibility of her being influenced or tutored.

Another pivotal aspect of the case was the dying declaration of the victim, which suggested the fire was accidental. The court found that this crucial piece of evidence had not been given due weight by the Trial Court. The appellant’s legal representative, Mr. S.S.S. Rahman, argued effectively on these points, leading to a significant shift in the case’s direction.

The prosecution, represented by Ms. B. Bhuyan, Additional Public Prosecutor, and Ms. P. Bora, Advocate, argued for upholding the conviction, citing the initial Trial Court’s findings. However, the High Court’s judgment prioritized the inconsistencies and procedural delays that cast doubt on the conviction’s foundation.

This acquittal has sparked discussions among legal circles about the critical role of accurate and prompt FIR lodgment and the treatment of child witness testimonies in criminal trials. The judgment also serves as a reminder of the judicial system’s commitment to ensuring that justice is served based on thorough scrutiny of all available evidence.          

Date of Decision: November 18, 2023

SIBU SARKAR VS THE STATE OF ASSAM AND ANR.

Latest Legal News