LAW FOR ALL

Sections 498A and 304B of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC) and Sections 3, 4 and 6 of the Dowry Prohibition Act (hereinafter called the ‘DP Act’). = What is material contradiction and the material omissions =It is well settled legal proposition that while appreciating the evidence, the court has to take into consideration whether the contradictions/omissions were of such magnitude so as to materially affect the trial. Minor contradictions, inconsistencies, embellishments or improvements in relation to trivial matters, which do not effect the core of the case of the prosecution, must not be made a ground for rejection of evidence in its entirety. The trial court, after going through the entire evidence available, must form an opinion about the credibility of the witnesses, and the appellate court in the normal course of action, would not be justified in reviewing the same, without providing justifiable reasons for doing so. Where the omission(s) amount to a contradiction, creating a serious doubt regarding the truthfulness of a witness, and the other witnesses also make material improvements before the court in order to make the evidence acceptable, it would not be safe to rely upon such evidence. The discrepancies in the evidence of eyewitnesses, if found not to be minor in nature, may be a ground for disbelieving and discrediting their evidence. In such circumstances, the witnesses may not inspire confidence and if their evidence is found to be in conflict and contradiction with other evidence available or with a statement that has already been recorded, then in such a case, it cannot be held that the prosecution has proved its case beyond reasonable doubt.; Recording a finding against the medical evidence is perverse = The defence version has been that Shanthi, deceased, had developed illicit relations with one Raju, a close friend of her brother Manimaran (PW.2) and was pregnant at the time of marriage. The Trial Court accepted this version in spite of the fact that the medical evidence was otherwise. Dr. B.R.S. Kashyap (PW.17) mentioned in the post-mortem report (Ex.P-12) that the uterus was intact. Subsequently, an explanation was specifically sought on 2.2.1995 as to whether Shanthi was pregnant at the time of death. Dr. Kashyap (PW.17) opined that she was not pregnant at the time of post-mortem examination. Dr. Kashyap (PW.17) denied the suggestion that he had issued report (Ex.P-14) in collusion with the complainant to the effect that she was not pregnant. 20. The Trial Court placed reliance on the medical history (Ex.P-10) mentioned in the Accident Register of the hospital that Shanthi had 3 months pregnancy. We have examined the original documents also, there is nothing on record to show as at whose behest remarks had been recorded therein. Thus, the finding of the Trial Court about pregnancy of Shanthi recorded by the Trial Court is not worth acceptance.; Duty of accused under sec. 313 Cr.P.C. to give explanation =He did not give any version about the incident, rather pleaded a false defence that Shanthi, deceased, had developed illicit relationship with Raju, a friend of her brother Manimaran, (PW.2) and was pregnant before marriage. To question no. 32, as to whether he wanted to say anything, his reply was only `No’. 23. It is obligatory on the part of the accused while being examined under Section 313 Cr.P.C., to furnish some explanation with respect to the incriminating circumstances associated with him, and the Court must take note of such explanation even in a case of circumstantial evidence in order to decide whether or not the chain of circumstances is complete. When the attention of the accused is drawn to circumstances that inculpate him in relation to the commission of the crime, and he fails to offer an appropriate explanation, or gives a false answer with respect to the same, the said act may be counted as providing a missing link for completing the chain of circumstances. (Vide: Munish Mabar v State of Haryana, AIR 2013 SC 912). When sec. 113 and 116 Evidence Act comes in to play =The prosecution successfully proved its case and, therefore, provisions of Section 113 of the Evidence Act 1872 come into play. The appellant/accused did not make any attempt, whatsoever, to rebut the said presumption contained therein. More so, Shanthi, deceased, died in the house of the appellant. He did not disclose as where he had been at the time of incident. In such a fact-situation, the provisions of Section 106 of Evidence Act may also be made applicable as the appellant/accused had special knowledge regarding such facts, though he failed to furnish any explanation thus, the court could draw an adverse inference against him. 26. In view of the above, the findings recorded by the Trial Court on each issue had been perverse and the High Court has rightly reversed the said findings. The conduct of the appellant/accused during the trial also disentitled him of any indulgence whatsoever. The appeal lacks merit, and is, accordingly dismissed.