Calcutta High Court: Bibek Chaudhury, J. allowed an appeal which was filed assailing the judgment and order of conviction passed by the Trial Court for committing offence under Section 324 of the Penal Code, 1860 and consequence sentence of imprisonment for a term of one year with fine.
A written complaint from one Mosiluddin Ahmed was received that his younger brother Serajuddin Ahmed was returning from mosque after observing Namaz. At that time the appellant along with 4 others wrongly restrained him in front of the house of one Jainul and assaulted him on his head with iron rod and Hasua with the intention to kill him. As a result of assault, the brother of the de-facto complainant was seriously injured. It is also stated that the accused persons are habitual offenders. They also assaulted some other people of the village and they were facing trial in G.R. Case No.1069/1991.
On completion of investigation, police submitted charge-sheet against the accused persons. The Trial Court framed charge against five accused persons including the appellant under Sections 341/325/307/34 of the IPC. On the conclusion of trial, the appellant was convicted and sentenced in the manner disclosed above while other accused persons were acquitted from the charge.
Amicus curiae submitted that in a criminal trial the prosecution is duty bound to prove at the foremost the date, time and place of occurrence and the manner of the incident constituting the offence before the Trial Court. If there is any deviation in proving the aforesaid facts, the entire prosecution case becomes suspect. He contended that evidence on record was not sufficient enough against the appellant and he is entitled to be acquitted of the charge.
The Court was of the opinion that in case of discrepancy between ocular and medical evidence, ocular testimony shall prevail because the medical evidence is in the nature of an expert’s opinion. The Court was of the view that appellant was entitled to benefit of doubt and the learned Trial Judge ought to have recorded an order of acquittal in favour of the appellant. The appeal was allowed setting aside the judgment and order of conviction.[Aminul Islam v. State of West Bengal, 2022 SCC OnLine Cal 1272, decided on 06-05-2022]
Amicus Curiae : Mr Dipanjan Dutt
For the State : Mr Ranabir Roy Chowdhury, Ms Sujata Saha