02 January, 2009

Prosecution can’t suppress proof that can help accused: SC

Let the trial be fair, said the Supreme Court in a ruling that prohibited the prosecution from suppressing any evidence that could help the accused to prove his innocence.
If there was a duty cast on the prosecution to present its case properly so that the guilty is punished, it had a strong obligation to be fair towards the accused, said SC in a recent judgment acquitting a person convicted of setting fire on his wife. Allowing Samadan Dhudaka Koli’s appeal challenging his conviction and life sentence in view of contradictory dying declarations given by his wife, a Bench comprising Justices S B Sinha and Cyriac Joseph castigated the Maharashtra prosecution for not bringing to the trial court’s notice another declaration which was recorded by a magistrate and putting forth only the two contradictory ones recorded by police.
‘‘Prosecution must be fair to the accused. Fairness in investigation as also trial is a human right of the accused. The state cannot suppress any vital document from the court only because the same would support the case of the accused,’’ said Justice Sinha. Taking the two declarations, one giving a clean chit to the husband and the other accusing him of pouring kerosene and lighting the matchstick, the Bench said it was improper on part of court and the Bombay HC to assume the guilt of the accused on basis of one of the statements of the wife, prior to her death.
‘‘Consistency in the dying declaration is a relevant factor. Such a relevant factor can’t be ignored. When a contradictory and inconsistent stand is taken by the deceased herself in different dying declarations, they should not be accepted on their face value. Corroboration must be sought from other evidence on record,’’ the Bench said.
Source:-The Times of India Delhi 2 January 2009 2008 P.11
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