Summary
The Court reversed the High Court’s convictions of three men whose trial-court acquittals it had overturned. Against Samsul Haque, the independent evidence did not establish presence or instigation, and his examination under section 313 was perfunctory. Against the other two appellants, the alleged shooting was unsupported by medical or physical evidence and witness accounts varied. The trial court’s view was at least plausible, precluding reversal of acquittal on this record.
Issues
- Whether the evidence justified reversing the trial court’s acquittals of the three appellants.
- Effect of failing to put material incriminating evidence to an accused during section 313 examination.
Provisions considered
- Section 313, Code of Criminal Procedure, 1973Material incriminating circumstances had to be put specifically to the accused to permit an explanation. The perfunctory examination of accused no. 9, together with evidentiary doubts, supported acquittal rather than remand. (¶¶ 11–13, 21–24)
Held
- Against accused no. 9, the independent prosecution witness and the defence witness did not establish his presence or role. Variations in the related witnesses’ accounts and failure to put the complainant’s case to him undermined proof beyond reasonable doubt. (¶ 18–25)
- Section 313 examination serves a substantive opportunity to explain incriminating evidence. Omitted circumstances ordinarily must be excluded; while remand to cure defective examination may be possible, the Court declined that course here because the evidence itself created doubt. (¶ 21–24)
- Against accused nos. 2 and 3, there was no gunshot injury, weapon recovery, bullet or bullet mark, and the attributed roles varied. The trial court’s acquittal was a plausible view; the High Court had not adequately addressed these defects before reversing it. (¶ 28–34)
- Samsul Haque received a clean acquittal and discharge of his bail bonds. Abdul Rashid and Imdadul Islam received benefit of doubt, acquittal and immediate release. (¶ 35–36)
Result
Appeals allowed; Samsul Haque acquitted and bail bonds discharged. Abdul Rashid and Imdadul Islam acquitted on benefit of doubt and ordered released forthwith. Parties to bear their own costs.