Courts must be on guard, test evidence meticulously when FIR is delayed: SC
New Delhi (PTI): Courts must be on guard and test evidence meticulously to rule out possibility of embellishments in the prosecution's story when an FIR is delayed and there is absence of proper explanation, the Supreme Court has said.
The apex court acquitted two people whose conviction and life sentence for the offence of murder in a case lodged in 1989 was affirmed by the Chhattisgarh High Court.
A bench of justices J B Pardiwala and Manoj Misra noted that the accused were tried for allegedly murdering a man on August 25, 1989, while the FIR in the case was lodged the next day in Bilaspur district.
"When an FIR is delayed, in absence of proper explanation, the courts must be on guard and test the evidence meticulously to rule out possibility of embellishments in the prosecution story, inasmuch as delay gives opportunity for deliberation and guess work," the bench said in its verdict delivered on September 5.
"More so, in a case where probability of no one witnessing the incident is high, such as in a case of night occurrence in an open place or a public street," it said.
The bench delivered its verdict on the appeals filed by appellants -- Harilal and Parasram -- challenging the February 2010 judgment of the high court which had affirmed the July 1991 order of a trial court convicting and sentencing them to life imprisonment for murder.
It noted that three people were tried for allegedly committing the murder and the trial court had convicted all of them.
They had filed separate appeals before the high court challenging their conviction, the bench noted, adding that proceedings against one of them stood abated consequent to his death during pendency of the appeal.
"In this case, we notice from the record that the trial court as well as the high court while appreciating the evidence have not properly addressed various aspects, namely, (a) there is no clear cut motive proved against the accused except that there was some incident concerning a lady of the village ," the bench observed.
It said although there might not have been a specific question put to the informant, who was a prosecution witness in the case, as regards the delay in lodging of the FIR, but the fact that "it was a delayed FIR cannot be ignored".
The bench observed that the statement of one of the eyewitnesses of the incident was inconsistent with his previous statement. It would be unsafe to rely on his testimony to convict the accused for the offence of murder, it noted.
"No doubt, different people react differently to a given situation. But if it had truly been an issue between few individuals fighting on the street, natural course of human conduct would be to collect people to solve out issues," the bench said.
"However, where villagers in general, and none in specific, assault a person accused of his involvement with a lady, it is quite natural for bystanders not to intervene," it said.
The bench said the prosecution has not been able to convincingly prove the genesis of the crime and the manner in which the murder took place and by whom.
The bench observed that evidence led by the prosecution gives rise to a strong probability of the killing being a consequence of mob action on the deceased for his alleged involvement with the woman.
"The judgment and order of the high court as well as of the trial court are set-aside. The appellants are acquitted of the charge for which they have been tried," it said, while allowing the appeals.
The apex court noted the appellants are reported to have been released on bail during the pendency of appeal and they need not surrender.
"In case they are not on bail, they shall be released forthwith unless wanted in any other case," it said.
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Karnataka Lokayukta to register case, probe Bowring wall collapse
Bengaluru (PTI): Karnataka Lokayukta Justice B S Patil on Thursday took serious note of the compound wall collapse at Bowring and Lady Curzon Hospital in the city that killed seven people, and announced registration of a case on its own while warning of action against officials found responsible.
The Lokayukta, who visited the site and conducted an inspection, expressed strong displeasure over the incident and questioned the inaction of authorities, even as police and emergency teams had earlier rushed to the spot to rescue victims trapped under the debris following heavy rain, strong winds and a hailstorm on Wednesday evening.
“I will now register a suo motu case. This is not just about this one incident — such incidents must not occur anywhere in the state or the city in the future,” Justice Patil told reporters.
Seven people, including a six-year-old girl, were killed and seven others injured when the compound wall collapsed as rain-battered victims had taken shelter near it, according to police. The victims included people from Kerala who were in the city on a study tour.
Calling for systemic accountability, the Lokayukta said, “Dilapidated buildings and weakened compound walls, especially in areas with public access, must first be identified. They must either be repaired, demolished, or rebuilt.”
He added that responsibility would be fixed on officials of the BBMP and the concerned departments.
Justice Patil said that hearings would be conducted and preventive action initiated, while also probing those responsible for it, how the incident could have been prevented, and why it was not prevented.
A Scene of Crime Officers (SOCO) team and a Forensic Science Laboratory (FSL) team also inspected the site, while police cordoned off Kovil Street to facilitate the probe.
Deputy Chief Minister D K Shivakumar said the government had initiated measures following the rain-related incidents and stressed preparedness.
“Since last night we have initiated measures regarding the rains. When it rains heavily, we must be prepared, and we are working towards that,” he told reporters here.
On the wall collapse, Shivakumar said, “I will not directly blame any officials. It was an old wall, and trees had grown alongside it. Due to that pressure, it collapsed.”
The Deputy CM said instructions had been issued to identify such vulnerable structures and clear areas around them, including relocating street vendors.
Karnataka Medical Education Minister Sharan Prakash Patil said a technical assessment had been ordered.
“This is a very serious matter. Innocent people have been affected. We are issuing directions to the engineers to find out why this compound wall collapsed and to assess its structural strength,” he told reporters after inspecting the spot.
The Minister noted that the wall was ‘very old’ and required thorough examination to prevent recurrence.
Speaking to reporters, Congress president Mallikarjun Kharge asked the Karnataka government to take precautions to ensure that incidents like the collapse of the Bengaluru government hospital compound wall, which caused loss of life, should not repeat.
Meanwhile, addressing a press conference, Shivajinagar MLA Rizwan Arshad said the collapse raised questions about construction and maintenance practices.
“If a wall collapses within 25 years of its construction, it needs to be examined -- whether there was any technical issue, or if anything was altered inside, weakening it. All this can only come out through a technical investigation,” he said.
The Congress MLA also called for wider structural audits across the city, stating that all such structures, whether private or government, must be audited.
He urged citizens to support victims, saying it was a collective responsibility in times of crisis.
