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Sudershan Kumar v. State of Himachal Pradesh

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1403 of 2011)Decided 18 Dec 2014
Criminal Appeal No. 1403 of 2011
Justice J. Chelameswar · Justice A.K. Sikri

Background

Civil supplies employees, a flour mill owner and his employee were prosecuted for allegedly diverting wheat intended for the public distribution system. Police intercepted a truck carrying 130 wheat bags near the mill, and its gate pass bore an incorrect vehicle number. The trial court acquitted all four accused, but the High Court convicted them.

Decision Breakdown

The Supreme Court allowed all the appeals, set aside the convictions and restored the acquittals. The truck was stopped on the highway rather than inside the mill, and the evidence did not establish that the grain had been sold or diverted there. The incorrect gate pass did not by itself prove deliberate falsification, while witnesses and stock records supported the stated destination at another public depot. The prosecution driver's account was unreliable, conspiracy lacked supporting evidence, and unexplained delay in recording statements further weakened the case. The trial court's reasonable assessment should not have been displaced, and the appellants' bail bonds were discharged.

Lesson Learnt

Suspicious paperwork and proximity to a private business do not alone prove criminal diversion of public goods. When the evidence supports a reasonable acquittal, an appeal court must respect the accused's reinforced presumption of innocence.

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

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