Inability Of Prosecution To Establish Dead Body's Identity Not Sufficient Ground For Acquittal: Gujarat High Court

Bhavya Singh

28 March 2023 8:58 AM GMT

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  • Inability Of Prosecution To Establish Dead Bodys Identity Not Sufficient Ground For Acquittal: Gujarat High Court

    The Gujarat High Court has held that the inability of the prosecution to establish the identity of the dead-body on the basis of DNA reports is not a sufficient ground for acquittal of the accused, especially in a case where the accused was charged with murdering his own wife and where the remains of the dead-body were found buried in his residential premises.A division bench of Justices...

    The Gujarat High Court has held that the inability of the prosecution to establish the identity of the dead-body on the basis of DNA reports is not a sufficient ground for acquittal of the accused, especially in a case where the accused was charged with murdering his own wife and where the remains of the dead-body were found buried in his residential premises.

    A division bench of Justices AY Kogje and MR Mengdey made the observation while allowing a criminal miscellaneous application against the acquittal order, passed by the Court of Sessions Judge, of the respondent-accused under Section 302 (Punishment for Murder) and 201(Causing disappearance of evidence of offence, or giving false information to screen offender) of the Indian Penal Code, 1860.

    The respondent-accused was charged with murdering his own wife. However, he was acquitted by the Sessions Court on the ground that the dead body of the deceased was not identified on the basis of DNA report and therefore, the prosecution was not able to establish that the remains of the dead-body recovered during the course of investigation, was actually of deceased.

    However, the prosecution, represented by the APP, argued before the High Court that the Sessions Court had thoroughly disregarded the fact that during the course of investigation the remains of the dead-body in the form of a skeleton were found buried in the very residential premises of the respondent-accused.

    It was further submitted that there was sufficient evidence to establish the identity of the dead-body on the basis of ornaments on the remains of the dead-body, which were identified by the son of the deceased.

    While granting leave to appeal, the bench noted, “In the opinion of the Court, by considering inability of the prosecution to establish the identity of the dead-body on the basis of DNA report, is not sufficient ground for acquittal. Hence, the case is made out for grant of leave to appeal”

    The court also issued a bailable warrant against the respondent-accused in the sum of Rupees Five Thousand. 

    Case Title: State of Gujarat vs. Sureshbhai Honjibhai Gamit R/Criminal Miscellaneous Application No. 3715 of 2023 IN Criminal Appeal No. 416 of 2023

    Case Citation: 2023 Livelaw (Guj) 61

    Click Here To Read/Download The Order

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