High CourtDivision BenchAppeal allowed; acquittal of the appellant

MAN SINGH v. STATE OF U.P. (Criminal Appeal No. 1441 of 2011)

Case / Petition Number:Criminal Appeal No. 1441 of 2011
Neutral Citation:[2011] 9 S.C.R. 287

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Harjit Singh Bedi
  • Gyan Sudha Misra
Judgment Date
2011-07-19
Court Decision / Holding
Appeal allowed; the conviction and sentence under UP Excise Act s60(2) are set aside; the appellant MAN SINGH is acquitted and ordered to be released forthwith if not required in connection with any other case.
Final Disposition
Appeal allowed; acquittal of the appellant

Parties to the Case

Appellants / Petitioners

  • MAN SINGH

Respondents

  • STATE OF U.P.

Legal Representation & Advocates

Counsels for Petitioners

  • • Ravi Kumar Tomar

Counsels for Respondents

  • • Ratnakar Dash
  • • Shekhar Raj Sharma
  • • Anuvrat Sharma

Case Synopsis & Summary

MAN SINGH v. STATE OF U.P. concerns a challenge to a conviction under Section 60(2) of the Uttar Pradesh Excise Act, 1910. The appellant, arrested on 11 August 1979, was found in possession of half a bottle of illicit liquor and implements for manufacturing liquor. The trial court convicted him under Section 60(2), a conviction upheld by the First Appellate Court and the Revisional Court. The central issue on appeal was whether an unbroken sequence of incriminating circumstances had been thrust upon the accused without proper notice under Section 313 Cr.P.C., which requires all incriminating circumstances to be put to the accused so that he can explain them. The defence maintains that the section 313 procedure was perfunctory and failed the tests laid down by this Court in numerous decisions, causing grave prejudice. The State counters that the trial record contained sufficient material and that a belated remand for re-recording 313 testimony would be inappropriate. The Court agrees that the 313 process was not properly fulfilled and recognizes the inordinate delay and the fact that the appellant has already faced about 32 years of legal wrangling for possession of a small quantity of liquor. On balance, the ends of justice demand setting aside the lower courts' orders and acquitting the appellant, who remains in custody and must be released forthwith if not needed elsewhere.

Provisions of Law Cited

U.P. Excise Act, 1910, s.60(2)Code of Criminal Procedure, 1973, s.313

Legal Doctrines & Maxims

  • Ends of justice
  • Section 313 CrPC duty to place all incriminating circumstances before the accused so he can explain them

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that although a large number of incriminating circumstances were brought on record by the prosecution, the examination of the accused under Section 313 Cr.P.C. was wholly perfunctory and did not satisfy the tests laid down by this Court in a string of decisions. He argues that all incriminating circumstances must be put to an accused so that he may explain them; the failure to do so vitiates the trial and prejudices the defence. Counsel submits that the flaw occurred long ago, the incident dating back to 1979, and the appellant has already endured substantial legal harassment and served only about five months and fifteen days of sentence. In light of the lacunae in the trial, the ends of justice require reversal of the conviction and acquittal of the accused. Rather than remanding for re-recording, the appropriate remedy is to acquit. The appellant prays that the conviction be set aside and that he be released forthwith if not required in connection with any other case, as continued detention serves no purpose and compounds the miscarriage of justice already suffered.

Contentions of Respondents

The State contends that the record does not suffer fatal procedural flaws and that the State's case rests on regular evidence and the statutory framework. It was urged that the Court could permit re-recording of the Section 313 statement to fill any lacunae and that a remand would serve ends of justice. The State asserts that sufficient material existed to sustain the conviction and that the belated challenge cannot become a license to acquit where substantial evidence supports guilt. It was argued that the lower courts properly evaluated the evidence and that the lapse in the 313 examination is curable by correction rather than outright discharge.

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Extracted Judgment Text

Exact text extracted from official judgment records.

. '·--' , ·~ -· [2011] 9 S.C.R. 287 ## MAN SINGH A _v._ STATE OF U.P. (Criminal Appeal No. 1441 of 2011) JULY 19, 2011 B **[HARJIT SINGH BEDI AND GYAN SUDHA MISRA, JJ.]** - _Uttar Pradesh Excise Act, 1910: s.60(2) Conviction_ - _under Appellant arrested and half bottle of illicit liquor alongwith implement for manufacturing liquor seized from him_ c - _Courts below convicted him u/s. 62 and sentenced him to_ - _undergo one year's rigorous imprisonment alongwith fine On appeal, held: Contention of appellant that large number of incriminating circumstances were introduced by the_ .. _prosecution but the statement of the appellant recorded u/_ D · _s.313 Cr.P.C. was completely perfunctory is not acceptable_ - _at this belated stage Incident occurred in 1979 and the appellant had faced trial and other liquor proceedings for almost 32 years and that too for being in possession of only half_ a _bottle of liquor_ - _Appellant has already undergone_ 5~ E _months of sentence_ - _In the interest of justice, order of courts below set aside and he is ordered to be acquitted._ ../ ... CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1441 of 2011. F From the Judgment & Order dated 30.11.2010 of the High Court of Judicature at Allahabad, Uttar Pradesh n Crl. Revision Petition No. 2203 of 1983. ' ' " Ravi Kumar Tomar for the Appellant. G Ratnakar Dash, Shekhar Raj Sharma, Anuvrat Sharma for the Respondent. 287 H 288 SUPREME COURT REPORTS [2011) 9 S.C.R. -.. .. _**r**_ A The following order of the Court was delivered ## **ORDER** 1. Delay condoned. B 2. Leave granted. ~ - 3. We have heard the learned counsel for the parties. 4. The appellant was arrested on the 11th August, 1979 at about 9:15a.m. and half a bottle of illicit liquor along with lahan c and other implements for manufacturing liquor were seized from him. On the completion of the investigation, he was brought to trial for an offence punishable under Section 60(2) of the U.P. Excise Act, 1910. The trial court relying on the evidence of the members of the police party and the Excise Inspector convicted D him under the aforesaid provision and sentenced him to undergo one year's rigorous imprisonment and to payment of fine as well. This conviction and sentence has been confirmed by the first appellate court as well as tre Revisional Court vide judgments dated 22nd October, 1883 and 30th November, 2010 E respectively. The matter is before us in this background. 5. During the course of arguments, the learned counsel for the appellant has raised primarily one submission before us. He has pointed out that though a large number of incriminating F[circumstances ][had ][been ][introduced ][by ][the ][prosecution during ] the course of the evidence but the statement of the appellant recorded under Section 313 of the Code of Criminal Procedure was completely perfunctory and did not satisfy the tests laid down by this Court in a string of cases and in this view of the G[matter ][grave ][prejudice ][had ][been ][suffered ][by ][the ][appellant ][as ] all incriminating circumstances had not been put to him. It has been submitted that this flaw in the trial required that he should be acquitted of the offence charged. .. " •[•• ] 6. We have considered the argument and find merit in it. H Section 313 postulates that all incriminating circumstances 289 MAN SINGH _v._ STATE OF U.P. must be put to an accused so.that he is in a position to explain · A the circumstances against him. We reproduce the statement in extenso herein below: - "Q1 You have heard the statement of accused which are against you what you have to say? 8 _, - Ans. They are deposing in enmity. - Q2 Will you lead the defence evidence? - Ans. No. c - Q3 Is there anything else you want to say? - Ans. I was sitting at the shop of Brijbhan at Shishgarh Town and I was apprehended by the police persons during the crime week." D 7. Faced with an obvious difficulty, Mr. Ratnakar Dash, the learned Senior Counsel for the State of U.P. has submitted that in this view of the matter, the trial court should be asked to record the statement under Section 313 of the Code of Criminal E Procedure yet again so that any lacunae that has crept in can be filled up. We are not willing to accept this submission at this belated stage. The incident occurred way back in the year 1979 and the appellant has been facing trial or other legal proceedings for almost 32 years now and that too for being in F possession of only half a bottle of liquor. We are also told that he has undergone five months and 15 days of the sentence that had been imposed on him. We find that the ends of justice require that this appeal should be allowed. We, accordingly, set aside the orders of the courts below. The appellant is ordered to be acquitted. He is said to be in custody. He shall be G released forthwith if not wanted in connection with any other case. D.G. Appeal allowed. H