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