August 08, 2018
In this recent case, the Supreme Court while pointing out that FIR is not an encyclopedia opined that non-reporting of essential facts, creates suspicion that the crime itself may be staged.
Case name: Amar Nath Jha v. Nand Kishore Singh & Anr.
The Appellant who was the Informant in the case has challenged High Court’s order, whereby the Court has acquitted the Respondent accused.
In the case, the Sessions Court convicted the accused respondents for the offence under Section 396 IPC (punishment for dacoity with murder).
The Supreme Court in appeal determined some essential aspects of Criminal Law. Firstly, the Apex Court shed light on the conduct of Test Identification Parade (TIP). Apparently, the TIP of accused Respondents were not conducted in the case. The Apex Court noted that non-conduction of TIP may not itself be fatal to the prosecution case but certainly it must be weighed in by the Court while considering the facts and circumstances of each case.
Non-Reporting of Essential Facts in the FIR
Secondly, the Apex Court noted the absence of essential facts in the FIR. Admittedly, the name PW-1 (Prosecution Witness) who was a material witness in this case was non-reported.
The Supreme Court observed that non-mentioning of presence of PW-1 created further suspicion on the hypothesis portrayed by the prosecution.
In this context, the Court noted that the FIR need not be an encyclopedia of the crime, but absence of certain essential facts, which were conspicuously missing in the present FIR, point towards suspicion that the crime itself may be staged.
The entire case can be accessed here.