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Jessica Lal Murder Case {Sidhartha Vashisht @ Manu Sharma vs. State (NCT of Delhi)}

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Name of the case: Sidhartha vashisht Alias manu sharma  vs State (NCT of Delhi) 

Citation: (2010) 6 SCC 1; (2010) 2 SCC (cri) 1385

Judges: P.Sathasivam and Swatanter Kumar

READ THE JUDGEMENT HERE

The case of Sidhartha Vashisht vs state (NCT of delhi) is a mighty precedent in the law relating to Criminal Procedure. The decision made in this case was that the court should only interfere with the order of acquittal when it has sustained major infirmities and if the court believes that the lower court has misread or has ignored some material facts or documents. In this judgement the main issue was whether the telephonic conversations, which occurred after the offence, can constitute an FIR. The apex court upheld the order of conviction passed by the High Court convicting all the 9 accused including the appellant Sidharthha Vashisht. 

Facts of the case

Laws Involved 

  1. Section 302 and section 201 read with section 120B of the Indian Penal Code, 1973
  2. Section 27 of the Arms Act, 1959
  3. Section 212 of the Indian Penal Code, 1973

Application of law 

  1. Section 302 and 201 read with 120B of IPC defines the offence of murder and casuing disapperence of evidences or providing false information read with criminal conspiracy. 
  2. Section 27 Arms Act defines punishment for using guns.
  3. Section 212 of IPC defines the punishment for offences of harbouring or concealing any person who knows or has a reason to believe to be an offender.

Issues dealt in the case 

  1. Whether the prosecution was able to establish its case against all the accused beyond reasonable doubt?
  2.  Whether the trial court was justified in acquitting all the accused?
  3. Whether the order of the High Court of convicting the accused was sustainable?

Arguments of the Appellant

The arguments given by the appellant’s side were that his fundamental right to free and fair trial, which is guaranteed under Art. 21 of the Constitution of India, was compromised during the appeal made in the High Court against the order of acquittal of the trial court and that two witnesses were controlled and pressured to support the case of the prosecution by registering an FIR against them. 

TThe appellant’s side submitted that the FIR recorded on the statement of Mr Shyam Munshi is not an FIR but a written statement. There were several observational errors by the High Court in the ballistic report from CFSL, errors in disbelieving P.S. Manocha, that witness Shravan Kumar is a planted witness.

Arguments of the Respondent

The respondent side submitted that the order of Acquittal of all the accused delivered by the trial court was a commission of error and as being the appellate judiciary, the High Court was fully justified in re-analysing all the evidence and witnesses and convicting all the Nine accused, including Manu Sharma, with the fitting sentences. 

The respondent side further submitted the documentary evidence and other legal principles stating that the conviction and sentence awarded by the High Court are agreed by the respondents and prayed that no changes or interference should be done by this court, and dismissal of the appeals of the accuseds.

Judgement

The Supreme Court held that the appellate court had all the requisite power to re-evaluate all the evidence that was presented in the Court of Trial and reconsider the order of acquittal passed by the Court of Trial and justifying the action of reversing the order acquittal with adequate reasoning. 

The Court stated that the prosecution of the case did establish the charges against Manu sharma and Eight other accused beyond doubt, and that the Supreme court is in agreement with the decision of the first court and reversed the order of acquittal into one of conviction. 

The Supreme Court stated that all the appeals were devoid of every merit and were dismissed.

Reasoning adopted by the Court

The Supreme Court while answering the issues and providing the reasoning for the same also provided clarifications for the contentions presented by the appellate side in front of the Court. The reasoning provided by the Court was as follows:

Ratio decidendi 

The court held that the order of acquittal should only be interfered by the higher appellate court when it undergoes some significant weaknesses and only if the court believes that the evidence has been ignored or misread by the lower court. 

Breach of duty of disclosure by the Public Prosecutor, under the common and procedural law Principles which are relevant, does not vitiate the entire trial. And telephonic calls which could be considered as the first initial information are those which can not come under the term of being cryptic and vague.

Obiter dicta

The case stated and discussed a crucial aspect of Communication of first initial information to police. In the judgement it was observed that the two telephonic communications that were made to the Mehrauli police stations were not clear about the commission of offence and were termed as vague and cryptic communications, which cannot constitute an FIR. The Court held that “Phone calls immediately after an incident to the police constitutes an FIR unless they are not vague and cryptic.”

Conclusion 

In Criminal Procedure, there are many case laws defining different aspects of the code, and in the part relating to the pre-trial procedure, the case of jessica lal is considered to be a landmark judgement with the facts being a near to clear elaboration of the pre-trial process, with elaborate reasoning on what can be considered the first initial information received by the police and can constitute the FIR, search and seizure of the evidences, the verification and arrest of the accused. 

In this judgement the very main contention presented by the defence council was whether the information received by Mr. Shyam Munshi should be considered as the first initial information on the basis of which the FIR registered by the Police, because there were two more communications made before that. This was answered by the court and a demarcation was set over what information can constitute as the initial information of the offence. That being, the information should not be cryptic and vague in nature. 

Endnotes

1.   Sidhartha vashisht Alias manu sharma  vs State (NCT of Delhi) (2010) 6 SCC 1; (2010) 2 SCC (cri) 1385

READ THE JUDGEMENT HERE

Harshit Saxena

Author

Mr Harshit Saxena hails from Symbiosis International University and spends most of his time in writing and directing plays. His interest lies in Indian criminal law. His other passions are playing football and debating. For any clarifications, feedback, and advice, you can reach him at harshitsaxena22197@gmail.com

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