Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Government Can't Deny Implied Surrender After Refusing to Accept Possession: Madras HC Clarifies Scope of Section 111(f) of TP Act Custodial Interrogation Must Prevail Over Pre-Arrest Comfort in Hate Speech Cases: Punjab & Haryana High Court Denies Anticipatory Bail for Provocative Remarks Against Migrants Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Cruelty Must Be Grave and Proven – Mere Allegations of Disobedience or Demand for Separate Residence Don’t Justify Divorce: Jharkhand High Court Rejects Husband’s Divorce Appeal Retaliatory Prosecution Cannot Override Liberty: Himachal Pradesh High Court Grants Bail in PMLA Case Post CBI Trap of ED Officer Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal Findings of Fact Cannot Be Re-Appreciated in an Appeal Under Section 10F Companies Act: Madras High Court Equality Is Not A Mechanical Formula, But A Human Commitment: P&H High Court Grants Visually Impaired Mali Retrospective Promotions With Full Benefits Orissa High Court Rules Notice for No Confidence Motion Must Include Both Requisition and Resolution – Provision Held Mandatory Ashramam Built on Private Land, Managed by Family – Not a Public Religious Institution: Andhra Pradesh High Court Quashes Endowments Notification Cruelty Must Be Proved, Not Presumed: Gujarat High Court Acquits Deceased Husband In 498A Case After 22 Years Trade Dress Protection Goes Beyond Labels: Calcutta High Court Affirms Injunction Over Coconut Oil Packaging Mimicry Mere Filing of Income Tax Returns Does Not Exonerate the Accused: Madras High Court Refuses Discharge to Wife of Public Servant in ₹2 Crore DA Case

If accused has a different aim - must establish specific facts - Apex Court

07 May 2024 8:19 AM

By: Admin


Crucial issue Before the Apex court in SABITRI SAMANTARAY Vs STATE D.D 20TH MAY 2022, whether the prosecution has successfully discharged its burden of evidence, and that the chain of events has been successfully established so as to attract operation on Section 106 of the Evidence Act.

The accused appellants were tenants of one Mayadhar Mohapana. The landlord on 21.07.2008, lodged an FIR stating that an unknown person had a attacked them with a "Kata". He rescued the couple through an inter-connected door in his house.

Facts - A person was found dead inside the kitchen of the house. Initially, it was suspected that he had committed suicide by poison. On 24.07.2008, one Ranjan Rana identified the deceased as Sanjay Rana. He further disclosed that the deceased had a love relationship with the daughter of the appellants.

A post - mortem examination has concluded that death was caused by compression on lower part of the neck, resulting in blockage of upper end of the trachea. It was further opined that the deceased victim was assaulted by two or more persons with acid and bhunt objects.

The accused appellants on the contrary maintained that the unknown person hac forcibly entered into their house and locked it from inside. He first encountered accused no. 1( i.e. Bidyadhar Praharaj) and threatened to kill him, should he refused to hand over entire money and valuables. Subsequently, both the appellants were assaulted by the deceased, which resulted in injuries. They were eventually rescued, and thereafter police implicated them in a false case.

Trial Court held that the prosecution had successfully established its case beyond reasonable doubt and, therefore, convicted the accused appellants and their daughter for murder.

Aggrieved, appellants and their daughter challenged the judgment of the Trial Court before the High Court, the High Court acquitted the daughter of all charges, as she was not present at the scene of offence. On the other hand, the conviction of the accused appellants was confirmed by the High Court However High court observed that as there was a strong possibility of actuality of grave and unforeseen provocation which was perceptible from adduced substantiation, the conviction under Section 302 IPC was modified to conviction under Section 304 II) IPC, and both the criminated were thereby doomed to suffer rigorous imprisonment for a term of five times.

Apex Court observed that Section 106 of the Evidence Act stipulates that the burden of proof for matters within the particular knowledgofa person rests with that person Although this section in no way relieves the prosecution of its responsibility to prove its case beyond a reasonable doubt, it does stipulate that when a person commits an act with a different intent than what the circum stances suggest, it is the individual, not the prosecution, who bears the burden of proving that specific intent. If the defendant has a different aim, he must establish specific facts that are within his knowledge.

D.D: - 20th MAY, 2022

SABITRI SAMANTARAY VERSUS STATE OF ODISHA

Latest Legal News