Conviction Can Be Based On Testimony Of Police Personnel Who Are Also Victims Of The Crime: Jharkhand HC
The Jharkhand High Court has held that there is no requirement of law that conviction cannot be maintained based on evidence of police personnel, who are also victims of the crime.
The Court was hearing a Criminal Revision challenging the judgment that upheld the conviction under Section 323 IPC, acquitted the petitioners of the offence under Section 504 IPC, and granted them benefit under Section 3 of the Probation of Offenders Act, 1958, directing their release after due admonition.
The bench of Justice Pradeep Kumar Srivastava observed, “Under the scenario of this case, the plea of petitioners about the non examination of any independent witness cannot be sustained and there is no requirement of law that conviction cannot be maintained on the basis of evidence of police personnels, who are also victim of the crime.”
Brief Facts-
The prosecution's case is that two men on a motorcycle, coming from the wrong direction, blocked the road. When stopped by police, they used criminal force against the officers, provoked the public, and failed to produce a driving license. The men identified themselves as Shiv Prasad Sahu and Simant Saurav, abusing and obstructing the police in their lawful duties. An FIR was registered under Sections 341, 353, 323, 504/34 IPC. After investigation, a charge sheet was filed, and cognizance was taken by the trial Court. However, the Jharkhand High Court discharged the petitioners from charges under Sections 341 and 353 IPC, proceeding only with Sections 323/504 read with 34 IPC. The trial concluded with the petitioners found guilty and sentenced, but on appeal, they were released under Section 3 of the Probation of Offenders Act instead of serving a prison term.
The Court found that both the Courts below have meticulously examined and appreciated the evidence of ocular witnesses and also of the injured who was punched in his stomach and dashed by present petitioners while regulating the traffic.
Accordingly the Court dismissed the revision petition.
Cause Title: Simant Saurav @ Simant Saunabh son of Shiv Prasad Sahu v. State of Jharkhand