VidhiSangh

Supreme Court of India · 17/04/2023

STATE OF RAJASTHAN versus ASHARAM @ ASHUMAL

[2023] 4 S.C.R. 1 · 2023 INSC 383

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Summary

In his pending appeal against conviction for raping a minor, the accused applied under Section 391 CrPC to summon a former Deputy Commissioner of Police who wrote in a book that he filmed the crime scene on his mobile phone on 21 August 2013, a day before the site maps were drawn, contending that the victim had been tutored from such a video. The High Court allowed the application. The Supreme Court set the order aside: the presence of a police team at the scene that day was an accepted fact, the book nowhere said the video was given to the investigating officer or shown to the victim, the trial court had rejected the tutoring plea on the evidence, and the discretion under Section 391 is narrower than under Section 311 and is exercised only to prevent failure of justice, not to reopen a concluded trial eight years after the occurrence.

Issues

  1. What is the scope of the appellate court's power under Section 391 CrPC to take additional evidence, and how does it compare with the trial court's power under Section 311.
  2. Whether an author's statement in a book that he filmed the crime scene on his mobile phone warranted summoning him as a court witness at the appellate stage to support a plea that the victim was tutored.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 10.02.2022 directing summoning of Ajay Pal Lamba as a court witness under Section 391 CrPC set aside; High Court requested to hear the criminal appeal expeditiously, the respondent having been incarcerated for nearly ten years, uninfluenced by the observations made.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 1.