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Dhirubhai Bhailalbhai Chauhan v. The State of Gujarat

Criminal Appeal · 2025 INSC 381Decided 21 Mar 2025
Criminal Appeal No. 816 of 2016 (with connected Crl.A. No. 817 of 2016)
Justice Pamidighantam Sri Narasimha · Justice Manoj Misra

Background

In the aftermath of the 2002 Godhra incident, a mob of over a thousand people surrounded a graveyard and mosque in a Gujarat village, and pelted stones at police who arrived to disperse them, forcing police to fire shots and use tear gas. Seven people, including the appellants, were arrested on the spot and named in the FIR; twelve more were later added as accused after investigation. The trial court acquitted all 19 accused for lack of reliable evidence, but the Gujarat High Court, on the State's appeal, reversed course and convicted the six surviving on-the-spot arrestees while upholding the acquittal of the other twelve.

Decision Breakdown

The Supreme Court restored the trial court's acquittal, holding that mere presence at, or arrest from, the scene of a large riot (without evidence that the accused carried weapons, incited the mob, or committed any specific overt act) is not enough to prove membership in an unlawful assembly. Since no curfew was in force, the appellants' presence in their own village was unremarkable, and the two witnesses who had attributed active roles to some accused had already been disbelieved by the High Court itself for the other twelve. The Court also stressed particular caution is required when a conviction is being entered for the first time on appeal against an acquittal.

Lesson Learnt

Being arrested at, or simply present at, the scene of a riot does not by itself prove someone was part of the unlawful mob. The prosecution must show specific participation, and courts owe added caution to innocent bystanders before overturning an acquittal.

Official source (sci.gov.in)View Judgment (PDF)

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