Can convictions under IPC Sections 323, 354 and SC/ST Act Section 3(1)(xi) stand on contradictory testimony and no independent witnesses?

 

Summary

Category Data
Court Supreme Court of India
Case Number Crl.A. No.-005301-005301 – 2025
Diary Number 28111/2024
Judge Name HON’BLE MR. JUSTICE DIPANKAR DATTA
Bench HON’BLE MR. JUSTICE DIPANKAR DATTA, HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Precedent Value Binding
Overrules / Affirms Affirms State of U.P. v. Ramesh Prasad Misra (1996 10 SCC 360)
Type of Law Criminal law – evidence appreciation; SC/ST (Prevention of Atrocities) Act
Questions of Law Whether convictions for simple hurt and SC/ST offences can be upheld on contradictory testimony and in absence of independent or post-occurrence witnesses; proper scope for accepting hostile-witness evidence.
Ratio Decidendi The Court held that material discrepancies between the FIR and trial deposition, absence of any independent or post-occurrence eyewitnesses despite alleged public setting, and injuries consistent with falling rather than assault, require acquittal. A hostile witness’s supportive statements must be scrutinised and partly accepted where consistent with other evidence (State of U.P. v. Ramesh Prasad Misra). Mere allegation of caste-based motive without oral admission by the victim or brother cannot sustain SC/ST Act conviction.
Judgments Relied Upon State of U.P. v. Ramesh Prasad Misra, (1996) 10 SCC 360
Logic / Jurisprudence / Authorities Relied Upon by the Court
  • Material contradictions in FIR vs. depositions
  • Implausibility of public ignoring victim’s screams
  • Medical evidence showing simple injuries consistent with fall or drag
  • No recovery of alleged weapon (wood)
  • Hostile witness (PW-4) evidence partly usable under Ramesh Prasad Misra
Facts as Summarised by the Court Victim (PW-1) alleged that Accused 1 enquired about presence at home, then Accused 2 scratched her neck and beat her brother (PW-2); FIR registered under IPC 323, 354, 294, 34 and SC/ST Act 3(1)(xi); appellants convicted by Special Court and appeal dismissed by High Court.

Practical Impact

Category Impact
Binding On All subordinate courts
Persuasive For High Courts
Follows State of U.P. v. Ramesh Prasad Misra (1996 10 SCC 360)

What’s New / What Lawyers Should Note

  • Supreme Court emphasises the necessity of credible, consistent testimony and independent witnesses in SC/ST and simple hurt cases.
  • Contradictions between FIR and deposition can be fatal to prosecution’s case.
  • Hostile witnesses may be partly accepted if their testimony aligns with other evidence (per Ramesh Prasad Misra).
  • Mere assertion of caste-based motive without direct oral evidence in court is insufficient for SC/ST Act convictions.
  • Absence of recovery of alleged weapon and medical findings consistent with a fall support acquittal.

Summary of Legal Reasoning

  1. Discrepancies in versions

    • FIR vs. PW-1: A-2 accompanied vs. was telephoned.
    • PW-1’s screams unlikely to go unheard amid crowd, yet no public witnesses produced.
  2. Hostile‐witness evidence

    • PW-4, though declared hostile, gave exculpatory account; partial acceptance mandated by Ramesh Prasad Misra.
  3. Medical evidence

    • PW-5 found only simple scratch injuries; admitted these could result from falls or dragging, undermining assault theory.
  4. No independent witnesses

    • Alleged crowd at Ganesh Puja but no single bystander examined; prosecution failed to call any post‐occurrence witnesses.
  5. SC/ST Act element

    • High Court’s finding of caste‐based offence unfounded—neither PW-1 nor PW-2 deposed to motive linked to victim’s Scheduled Caste status.

Arguments by the Parties

Petitioner

  • Prosecution evidence riddled with contradictions (FIR vs. depositions).
  • No independent or post-occurrence eyewitness despite crowded setting.
  • Hostile witness evidence supports defence version of a scuffle, not assault.
  • Medical report indicates simple injuries consistent with falls, not intentional assault.

Respondent

  • No detailed respondent arguments recorded; conviction rested on victim’s testimony and medical findings.

Factual Background

On 4 October 2015 the victim lodged a complaint alleging that Accused 1 first inquired at her home, then Accused 2 scratched her neck and assaulted her brother, invoking IPC 323, 354, 294, 34 and SC/ST Act 3(1)(xi). The Special Court convicted both appellants; the Madhya Pradesh High Court dismissed their appeal. The Supreme Court granted leave and examined reliability of the evidence.

Statutory Analysis

  • IPC Section 323 (voluntarily causing hurt) and Section 354 (assault with sexual intent) require proof of intentional assault.
  • SC/ST Act Section 3(1)(xi) requires offence committed on account of victim’s Scheduled Caste status; absence of direct evidence of motive fatal.
  • No reading‐down or constitutional provisions invoked beyond standard application.

Alert Indicators

  • ✔ Precedent Followed – Affirms the principles in State of U.P. v. Ramesh Prasad Misra regarding hostile witnesses.

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