LexRABINDRA KUMAR PAL @ DARA SINGH versus REPUBLIC OF INDIA
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(2011] 1 S.C.R. 929 RABINDRA KUMAR PAL @ DARA SINGH A v. REPUBLIC OF INDIA Criminal Appeal No. 1366 of 2005 JANUARY 21, 2011 B [P. SATHASIVAM ANIJ DR. B. S. CHAUHAN, JJ.] ~ Penal Code, 1860 - s. 302 - Rioting, arson and mufdt}r of three persons - Christian Missionary from Australia, engaged in propagating cmd preaching Christianity in the c tribal area, burnt to death afongwith his two minor sons by 50- 60 miscreants - Victims also prevented from escaping from the vehicle - Conviction and sentence of 14 accused - High Court modifying death se1ntence awarded to A-1 to life imprisonment and upheld life imprisonment.Jmpos~d on A-3 D and acquitted the others - On appeal, held: Letters addressed by A-3 to the trial judge wherein he confessed his guilt, in the course of trial lend ample corroboration to his identification before the trial court by P~V-23, even th6ugh no I/P was conducted by Judicial Magistrate - A-3 also addressed a [ letter to his sister-in-law, inculpating himself and A-L- A-3 though denied the letters b'ut it amounts to confession and lend support to the evidence in identification before the trial court for the first time - Testimony of witnesses that miscreants raised slogans in the name of A-1 which co"oborates the F identification before the trial court for the first time - All the witnesses mentioned about th,9 blowing of whistle by A 1 - A- 3 in his statement u/s. 313 Cr.P.C. admitted to have set fire to the vehicles and confessed his guilt - Abscondence of A- 3 soon after the incident and c.1voiding of a"est, is a relevant G "'j ·l! conduct to prove his guilt - Death of the victims by setting fire by the miscreants cannot be ruled out - Even in the midst of uncertainties, witnesses specified the role of A-1 and A-3 - However, more than 12 yeam having elapsed since the act 929 H 930 SUPREME COURT REPORTS [2011) 1 S.C.R. A was committed, life sentence awarded by the High Court not enhanced - Conviction of A-1 and A-3 and the sentence of life imprisonment imposed on them by the High Court, maintained - As regards the other accused, testimony of the eye-witnesses about their identification before the trial court B for the first time without corroboration by previous Test Identification Parade, not credible - In view of absence of acceptable materials and various infirmities in the prosecution case, order of acquittal of accused other than A- _.._ 1 and A-2 upheld - Sentence/Sentencing - Evidence - Test c identification parade. Identification - Photo identification and identification of the accused by the witnesses done for the first time before the trial court without being corroborated by Test Identification Parade or any other material - Evidentiary value - Held: D Though such identification is permissible but cannot be given credence without further corroborative evidence - On facts, for many days, t:ye-witnesses never came forward before the /Os and the police personnel claiming that they had seen the occurrence - As such, their teslim'ony about the identification E of the accused other than A-1 and A-3 before the trial court for the first time without corroboration by previous TIP, not credible -As regards A-1 and A-3, they were identified which was also corroborated by the 'evidence of slogans given in their name and each one of the witnesses asserted the said .~f aspect, thus, their identification can be relied upon - Test identification parade Code of Criminal Procedure, 1963 - s. 164 - Recording of confessions and statements - Procedure to be followed by G the Magistrate - Reiterated - On facts, procedural lapse on the part of the Judicial Magistrate in recording confessional 1 ' statements - Accused in their confessional statements, made exculpatory statements - Thus, confessional statements with regard to accused other than A-1 and A-3, not admissible. H Appeal - Appeal against acquittal - When two views are RABINDRA KUMAR PAL @ DARA SINGH v. 931 · REPUBLIC OF INDIA ~ possible, the one in favour of the accused should be . A accepted - Presumption of innocence is a fundamental principle of criminal jurisprudence - On facts, absence of definite assertion from the prosecution side, about the specific role and involvement of the acquitted accused who are all . poor tribals - Thus, not safe to convict them - Order of s acquittal of these accused upheld - Criminal jurisprudence. Sentence/Sentencing - Con
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