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Raju alias Devendra Choubey v. State of Chhattisgarh

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 822 of 2012)Decided 21 Aug 2014
Criminal Appeal No. 822 of 2012
Justice Dipak Misra · Justice S.A. Bobde

Background

Bhavna Tripathi was murdered in her family home. A thirteen-year-old household worker described her stepmother-in-law arranging the attack, two men carrying it out and another man, Mahesh, standing outside. All four were convicted of murder with common intention and conspiracy. They challenged the child's credibility and identification, while Mahesh disputed any proved involvement.

Decision Breakdown

The Court upheld the convictions of Shashi Tripathi, Chandra Prakash and Raju but acquitted Mahesh, setting aside his conviction and discharging his sureties. The child's presence was natural, his account was reliable and specific, and identification proceedings were sufficiently prompt and fair. Contact with police alone did not establish tutoring. The attack account was also supported by recovery evidence. Mahesh's position was distinct: merely standing outside, without acting as a guard, arriving or departing with the attackers, or other incriminating evidence, did not prove common intention or conspiracy beyond reasonable doubt.

Lesson Learnt

A carefully scrutinised child's account can be reliable evidence. For joint criminal liability, however, proximity to a crime is insufficient without proof of participation, shared intention or conspiracy.

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

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