TITLE: CHHOTE LAL v. ROHTASH & ORS.
CITATION: CRIMINAL APPEAL NO.2490 OF 2014
DECIDED ON: 14 DECEMBER 2023.
CORAM: JUSTICE ABHAY S. OKA, JUSTICE PANKAJ MITHAL
Facts of the Case
The case at hand involves the appeal of Chhote Lal against the acquittal of six accused individuals by the High Court in Criminal Appeal No. 2490 of 2014. Originally, the trial court had convicted the accused for offenses under Sections 148, 201/149, and 302/149 of the Indian Penal Code (IPC), pertaining to the murder of Kishan Sarup. The incident, which occurred on November 4, 2000, was characterized by a historical enmity between two rival groups dating back to a 1986 dispute over access to a public road. The appellant, Chhote Lal, a former Delhi Police employee, alleged a sequence of events involving a car chase, assault, and abduction of the victim.
Issues Involved
Whether the High Court was correct in acquitting the accused based on the benefit of doubt. The reliability of the eyewitness account provided by the appellant/complainant (Chhote Lal), who was also the father of the deceased.
Legal Provisions
Sections 148, 201/149, and 302/149 of the Indian Penal Code (IPC) were invoked in the case. The burden of proof lies on the prosecution to establish the guilt of the accused beyond reasonable doubt. The court must carefully examine the testimony of a sole eyewitness, especially when the witness has a personal interest in the outcome of the case.
Court’s Observation and Analysis
The key contention in the appeal was whether the High Court’s decision to acquit the accused based on the benefit of doubt was justified. The court considered the reliability of the appellant/complainant’s (Chhote Lal) eyewitness account, given his personal interest as the father of the deceased. The court observed that Chhote Lal’s presence during the incident was questionable, and his failure to intervene during the assault raised doubts about the credibility of his testimony. Furthermore, the court noted discrepancies, such as the absence of details about the use of a pistol despite evidence indicating firing from close range as the cause of death. The court emphasized the prosecution’s failure to establish guilt beyond reasonable doubt, leading to the High Court’s plausible decision to extend the benefit of doubt to the accused. Consequently, on December 14, 2023, the Supreme Court dismissed the appeal, affirming the High Court’s acquittal of the six accused individuals.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Komal Goswami
