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2002 DIGILAW 1072 (SC)

State of U. P. v. Dharam Das

2002-09-04

ASHOK BHAN, U.C.BANERJEE

body2002
ORDER : 1. Uncorroborated testimony of a child witness has been the basic reason of converting an order of conviction and sentence to an order of acquittal by the High Court. The High Court as the first appellate court did scrutinise the evidence in extenso and came to a conclusion that there has been an embellishment in the testimony clearly indicative of tutoring at some stage and it is on the basis Sohanpal was ascribed to be not a reliable witness, besides being a child witness. 2. On the testimony of PW. 4 Jagraj, the High Court recorded that he has not proved the prosecution version of having seen the two appellants (respondent herein) running away but has very clearly said that he and Anokhey Singh reached the place of occurrence together on hearing the sound of the shot. 3. It is on this evidence of P.W. 4 Jagraj and the testimony of P.W. 5, Anokhey Singh, the High Court recorded that they did not see anything except the dead body thus the prosecution has failed to provide any corroboration to the testimony of Sohanpal. 4. Incidentally, in the contextual facts, the first information report was lodged by one Tota Ram upon information said to have been received from Sohanpal, the child witness. Tota Ram not being thus an eye witness was also not relied upon. The entire evidence so scanned by the trial court does not create any creditworthiness neither it can be said to be an acceptable piece of evidence being made available on record. The High Court on this set of evidence allowed the appeal and conviction of Dharam Dass under Section 302 of the Indian Penal Code and that of Bachey Lal under section 302/34 of the Indian Penal Code as recorded by the IVth additional sessions Judge, Badaun as well as the sentence of imprisonment of life awarded to them were set aside. We do not think of any justificable reason to interfere with the order of the High Court in the matter of passing an order of acquittal in the contextual facts. As such, this appeal fails and is dismissed. Bail bonds shall stand discharged. Appeal dismissed.