Allowed

Dharam Singh S/O Shri Bhola Ram Gurjar v. State of Rajasthan

Rajasthan HC11 Jul 2023CRLAD/211/2021

Case brief

AI extract

What is this about?

The High Court held that inordinate delays by the police in recording the FIR and eyewitness statements, without credible explanation, cast doubt on the credibility of the prosecution. The Court found the prosecution story to be conceived after deliberation in a shady setting due to these delays. The appeal was allowed.

What did the court decide?

The appeals of Dharam Singh, Bhagwan Singh, Rekh Singh, Udai Singh, and Ramveer were allowed, and the convictions were set aside.

Dharam Singh S/O Shri Bhola Ram Gurjar Vs State… — Criminal Trial and Appeal | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH'kT JAIPUR

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D.B. Criminal Appeal No. 211/2021

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Dharam Singh S/o Shri Bhola Ram Gurjar, Aged About 56 Years, Resident Of Pi1wa'p.s. Balaghat, District, Karauli.

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Bhagwan Singh S/o Shri Bhola Ram, Aged About 54 Years, Resident Of Pilwa P.s. Balaghat, District, Karauli. (At Present Lodged At District Jail Karauli)

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Versus

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State Of Rajasthan, Through P.p

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Conne'cted With

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D.B. Criminal Appeal (Db) No. 21212021

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Rekh Singh S/o Shri Bhola Ram Gurjar, Aged About 67 Years, Resident Of Pilwa, P.s. Balghat, District Karauli

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1. Udai Singh S/o Shri Bhagwan Singh Gurjar, Aged About 31 Years, Resident Of Pilwa, P.s. Balghat, District Karauli

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2. Ramveer S/o Shri Bhagwan Singh, Aged About 29 Years, Resident Of Pilwa, P.s. Balghat, District Karauli (At Present Lodged At District Jail Karauli)

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Versus

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State Of Rajasthan, Through P.p

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For Appellant(s) : Mr. R.R. Baisla, Adv. For State : Mr. Javed Choudha'ry, AGA For Complainant : Mr. Anurag Sharma, Adv. with Ms. Shreya Hatila. Adv.

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MON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Judqment

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JUDGMENT RESERVED ON : 11/07/2023

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DATE OF PRONOUNCEMENT : !9../07/2023

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2018 Cr.L.R. (SC) 35 (Joseph Vs. State, Rep. by Inspector of Police.)

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2015 (1) Cr.L.R. (Raj.) 195 (Ramjani & Ors. Vs. State of Rajasthan.)

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2001 Cr.L.R. (SC) 170 (State of Rajasthan [The] Vs. Shri Teja Singh & Ors.)

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1994 Cr.L.R. (SC) 455 (L/NK. Meharaj Singh Vs. State of Uttar Pradesh.)

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RCC, Jan., 1995 (Gurdeo Singh & Others Vs. The State of Rajasthan 35)

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D.B. Criminal Appeal No. 598 of 1972 (Babu singh & Ors. Vs. The State of Rajasthan), Decided on 20-04-1978.

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[2023:RJ-JP:14594-DB] (12 of, .- 30) &l . ..~. '

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(2011) 7 SCC 421 (Bhajan Singh Alias Harbhajan Singh and Others Vs. State of Haryana.)

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(2017) 11 SCC 195 (Yogesh Singh Vs. Mahabeer Singh and Others.)

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(2008) 16 SCC 529 (Maranadu and another Vs. State by Inspector of Police, Tamil Nadu.)

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(2010) 12 SCC 91 (Bipin Kumar Mondal Vs. State of west Bengal.)

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(2004) 3 SCC 654 (Dhanaj Singh Alias Shera and Others Vs. State of Punjab.)

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(2019) 8 SCC 596 (Dev Karan Alias Lambu Vs. State of Haryana.)

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(2022) 10 SCC 684 (Gurmail Singh and another Vs. State of Uttar Pradesh and another.)

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"In the instant case, some of the main reasons given by the trial court could not be effectively and rationally dispelled. One of such reasons, which cast a cloud on the credibility of the prosecution evidence, was that there was inordinate delay of several hours on the part of the police in recording the statement which was treated as F.I.R. and further undue delay in recording the statements of the alleged eyewitnesses by the investigating officer, and no credible explanation of these delays was forthcoming. Although these witnesses were or could be available for examination when the investigating officer visited the scene of occurrence or soon thereafter, their statements were recorded on the following day.

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Such delay may not, by themselves, amount to a serious infirmity in the prosecution case. But they may assume such a character if there are circumstances to suggest that the investigator was deliberately marking time with a view to decide about the shape to be given to the case and the eye witnesses to be introduced. A catena of circumstances which lend such sinister significance to these delays, exists in ihe instant case, which inevitably lead to the conclusion that the prosecution story was conceived and constructed after a good deal of deliberation, in a shady setting highly redolent of doubt and suspicion."

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

Dharam Singh S/O Shri Bhola Ram Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dharam Singh S/O Shri Bhola Ram Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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