The Bombay High Court criticized the police and judges for their careless handling of evidence, which led to a wrongful conviction.
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MUMBAI: The Bombay High Court has expressed significant dissatisfaction with the casual manner in which a criminal case was managed, leading to the wrongful conviction of an individual. In a detailed judgment passed on March 14, Single-Judge Justice SM Modak highlighted a disturbing instance of oversight by both the trial and appellate courts in a case involving the conviction of a postmaster on charges of criminal breach of trust.
Justice Modak criticized the neglect shown towards the duties assigned to the judiciary and law enforcement.
“This is a clear disregard for the responsibilities entrusted to the stakeholders. The Investigating Officer has retired. I find it imperative to report this indifferent attitude of the Police and Judges to the Joint Director, MJA. Judges receive training, and he can raise awareness about this matter to trial and appellate court judges who undergo training there,”
The High Court’s ruling not only acquitted the accused, Anand Sakpal, but also issued directives aimed at preventing future instances of such judicial and investigative lapses. Justice Modak ordered the Joint Director of the Maharashtra Judicial Academy to address this issue at the training level, ensuring that judges are better equipped to handle evidence and conduct trials.
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Moreover, the Court urged the Joint Director to provide updates to the High Court regarding the measures taken to address the situation, demonstrating the Court’s proactive approach towards enhancing judicial practices.
The case in question revolved around Sakpal, a postmaster accused of misappropriating Rs.28,834 between August 20, 2006, and February 28, 2007. Despite suspicions raised by his superior after discrepancies were found in the postal department account entries, the investigation and subsequent trial were marred by significant evidentiary blunders.
Notably, the police failed to seize the relevant financial registers from 2006-2007, instead collecting registers from an earlier period which were also never presented in court.
The trial court and appellate court’s failure to acknowledge the absence of this vital evidence led to Sakpal’s conviction for criminal breach of trust and a three-year sentence of rigorous imprisonment, despite being acquitted of forgery charges.
Justice Modak rectified this oversight by stating-
“Without examining the registers, there was no basis to conclude any misappropriation. I find a gap in the prosecution’s evidence. Even the oral testimonies of all witnesses (except the complainant) lacked support from documentary evidence such as registers and journals.”
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The representation of Sakpal by advocates Nitin Patil and Anandmaya Dhorde, against the state’s representation by additional public prosecutor VN Sagare.
Case Title:
Anand Sakpal v. State of Maharashtra
