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Sukhjit Singh v. State of Punjab

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 263 of 2013)Decided 11 Sept 2014
Criminal Appeal No. 263 of 2013
Justice Dipak Misra · Justice A.K. Sikri

Background

Sukhjit Singh received a ten-year sentence for allegedly abducting his wife to murder her after she disappeared from their residence. The prosecution concentrated on proving their marriage and that they were last seen together. He disputed abduction and produced evidence that the woman was in custody in another criminal case.

Decision Breakdown

The Supreme Court allowed the appeal and set aside the conviction and sentence. The evidence did not establish his involvement in abduction, and the trial judge's questioning addressed marriage and family visits instead of putting the incriminating circumstances to him. Section 313 CrPC requires a fair opportunity to explain the evidence used against an accused. The serious omission caused prejudice here, and he was ordered released unless wanted in another case.

Lesson Learnt

An accused must be asked clearly and separately about material circumstances relied on for conviction. Proof of a relationship or unexplained disappearance cannot replace proof of the charged abduction.

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

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