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Criminal LawSupreme Court of India

State of Rajasthan vs Asharam @ Ashumal

SLP (Crl.) · 2023 INSC 383Decided 17 Apr 2023
SLP (Crl.) No. 2044 of 2022

Background

Asharam @ Ashumal was convicted by a trial court in 2018 of serious sexual offences against a minor, including under the POCSO Act, and sentenced to life imprisonment. While his appeal against conviction was pending before the Rajasthan High Court, he applied under Section 391 of the Code of Criminal Procedure to bring in fresh evidence: a book written by a former police officer that mentioned he had recorded a mobile phone video of the crime scene. Asharam argued this suggested the victim had been shown the video and "tutored" on how to describe the scene before her formal statement was recorded. The High Court allowed the application and directed that the former officer be summoned as a court witness, and the State of Rajasthan challenged that order before the Supreme Court.

Decision Breakdown

The Supreme Court set aside the High Court's order, holding it was based on conjecture rather than sound legal reasoning. It found nothing in the officer's book actually claiming the video was ever shown to the victim or handed to the investigating officer, so it was irrelevant to the tutoring allegation. The Court clarified that the discretion to admit additional evidence at the appellate stage under Section 391 CrPC is narrower than a trial court's power under Section 311, and should be used only when necessary to prevent a genuine failure of justice, not to reopen and relitigate settled factual findings, especially eight years after the incident and after lengthy trial-court examination of witnesses. It directed the High Court to hear the pending appeal expeditiously, given Asharam's lengthy incarceration, without being influenced by the Supreme Court's observations.

Lesson Learnt

An appellate court's power to admit new evidence after a trial verdict is meant to prevent a genuine failure of justice, not to give a convicted person a second chance to re-examine already-tested witnesses on speculative grounds; courts must guard against such applications being used merely to delay appeals.

State of Rajasthan vs Asharam @ Ashumal – Legal Case Shots | LegalAware