Court: Implication in criminal case utmost injury to reputation

Saurabh Malik

Tribune News Service

Chandigarh, October 17

Rapping a magistrate for failure to demonstrate sensitivity towards an individual’s freedom, a Kaithal court has asserted that drawing a person into a criminal case without basis is the utmost injury to his reputation.

The ruling, which acquires greater significance in view of the Talwar couple exoneration, came in a matter wherein an accused in a drugs case was proceeded against without cogent evidence on the basis of the disclosure statement by another accused.

Accused Kimat Singh, arrested by the police on the allegation of possessing poppy straw, had allegedly told the police in December 2016 that he purchase it from accused Deba Singh and both of them were in the business of selling poppy straw.

Appearing before Kaithal District and Sessions Judge MM Dhonchak, defence counsel had argued that the disclosure statements of Deba and Kimat were inadmissible in evidence as theses were recorded in police custody. Apart from the statements, not an iota of evidence was in existence.

Judge Dhonchak, in his judgment, took note of the fact that the public prosecutor had also admitted the absence of evidence, apart from disclosure statements, to connect Deba with Kimat for showing abetment to criminal conspiracy by both accused. He also failed to demonstrate how the disclosure statements were admissible in evidence.

Taking up the matter, Judge Dhonchak asserted that cyber evidence was not gathered to establish contact over mobile phone between the two accused. Besides, failure to further question Deba on his source of contraband was incomprehensible.

Judge Dhonchak added the failure of the investigating agency to keep him under surveillance and collecting further evidence against him was also inexplicable. There was hardly any tangible legal evidence against Deba to suggest commission of offence, abetment or criminal conspiracy on his part.

“It would have been better had the magistrate displayed sensitivity to the liberty of the individual and released accused Hardev, alias Deba, at once on his production in court. Such an action would have discouraged the police in going ahead with mindless prosecution,” the Judge observed. Referring to a Supreme Court judgment, Judge Dhonchak asserted: “No greater damage can be done to the reputation of a person than drawing him into a criminal case wherein trial is yet to take place.”

Judge Dhonchak concluded by saying judicial conscience of the court, in view of facts and circumstances of the case, was fully convinced that the trial would not end in conviction. Consequently, he was discharged. But prima facie case against accused Kimat was made out. “Let accused Kimat be charge-sheeted accordingly,” the Judge noted.