LexSIDHARTHA VASHISHT @ MANU SHARMA versus STATE (NCT OF DELHI)
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[2010] 4 S.C.R. 103 SIDHARTHA VASHISHT @ MANU SHARMA v. STATE (NCT OF DELHI) (Criminal Appeal No. 179 of 2007) APRIL 19, 2010 [P. SATHASIVAM AND SWATANTER KUMAR, JJ.] Penal Code, 1860/Arms Act, 1950: A B Sections 302, 20111208/Section 27 - Murder - Trial c against nine accused - Acquittal by trial court - Conviction by High Court against three accused - A-1 sentenced to life for murder and fine of Rs. 50, 0001-, 4 years of sentence under the Arms Act with default stipulation - A-2 and A-3 sentenced to four years imprisonment and fine of Rs,20001- each with· 0 default stipulation - On appeal, Held: Prosecution has established its case peyond doubt - Appellate court has all the necessary powers to evaluate the evidence Jet in before the trial court and the conclusions reached by it - High Court has given cogent and adequate reasons for reversing the order of acquittal - Presence of accused at the scene of crime E proved by ocular testimonies and corroborated by Exhibits - Conclusions arrived at by the High Court upheld. Code of Criminal Procedure, 1973: Section 24 - Public prosecutor - Duties and F responsibilities - Duty of Court to ensure that Public Prosecutor does his duties to the utmost level of efficiency and fair play - Interference by Courts - Limitations - Discussed. Section 154 - First Information Report - Cryptic telephone message of a cognizable offence not to be treated as FIR. 103 G H 104 SUPREME COURT REPORTS [2010] 4 S.C.R. A Sections 170, 172 - Conduct of investigation - Duties of investigation officer vis-a-vis rights of accused - Discussed - Constitution of India, Articles 14, 19. Sections 293, 294 - Proof of documents - Documents sought to be relied on must be originals - Photocopy of the 8 original documents - Acceptance of, procedure to be followed. Section 313 - questions put to the accused - If accused furnishes false answers as regards proved facts, court can draw an adverse inference qua him - Such inference would C become an additional circumstance to prove the guilt of the accused. Evidence Act, 1872: Sections 8, 27 - Evidence of telephone calls - D Admissibility of. Section 9 - Test identification parade - Practice not borne out of procedure, but out of prudence - Investigating officer conducts a TIP to ensure that he has got the right E person as an accused. Section 165 - Expert witness - When the expert opinion is vague, no credence could be lent to it - Court's power under the Section - Discussed. F Judicial propriety - Judicial propriety and discipline demand that strictures or lacerating language should not be used by higher courts in exercise of their appellate or supervisory jurisdiction - Errors of judgments to be corrected by reasons of law - Practice of passing comments against G lower courts deprecated. Judicial discipline/restraint - A judgment could be set aside preferably without offering undesirable comments, disparaging remarks or indications which would impinge upon the dignity and respect of the judicial system - Despite such H restraint, if there are compelling reasons for making SIDHARTHA VASHISHT@ MANU SHARMA v. STATE 105 (NCT OF DELHI) comments, rule of law and principles to be adhered - View A point of judge concerned should also be invited - In the facts of the case, all the remarks made by the trial judge against th.e prosecution and by the Division Bench against the trial judge directed to be expunged - Strictures by court - Expunging of. B Media Trial: Despite significance of the print and,electronic media, it is desirable to ensure that trial by media does not hamper fair investigation - More importantly not to prejudice the right of C defence of accused in any manner whatsoever - Freedom of expression to be carefully and cautiously used, to avoid interference in the administration of justice and leading to undesirable results in the matters sub-judice before courts - Caution to all modes of media to extend full cooperation to D ensure fair investigation, trial, defence of accused and non- interference in the administration of justice in matters subjudice- - However, in the instant case, the media trial did affect the accused to a very limited extent but not tantamount to prejudice which would weigh with the Court in taking any E different view - Constitution of India, 1950 - Article 19(1)(a). Doctrines: Doctrine of 'contra veritatem lex nunquam aliquid permittit' -
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