The Supreme Court set aside the conviction in an SC/ST Act case, ruling that hostile witness testimony cannot be disregarded entirely. The Court criticized the High Court’s “perverse” findings and acquitted the accused due to lack of credible evidence.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: In a ruling, the Supreme Court of India has set aside the conviction of two individuals, Dadu @ Ankush and Ankit, who were previously found guilty of assault and offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court reaffirmed a crucial legal principle: the testimony of a hostile witness cannot be discarded entirely and may be relied upon if it supports either the prosecution or the defence.
The appeal was allowed after the Supreme Court found that the Madhya Pradesh High Court’s decision was perverse, unsupported by medical findings, and based on unreliable evidence.
Background of the Case
The case originated from an alleged incident on October 4, 2015, where the complainant claimed that the accused forcibly entered her home and harassed her. According to the prosecution, Appellant No. 2 pulled the victim’s dupatta and scratched her neck, and both accused allegedly assaulted her brother when he intervened.
Trial Court and High Court Verdicts
- Appellant No. 1 convicted under Section 323 IPC
- Appellant No. 2 convicted under Sections 354 & 323 IPC and Section 3(1)(xi) of the SC/ST Act
- The High Court upheld the conviction and dismissed the appeal
Supreme Court’s Observations
1. Hostile Witness Testimony Cannot Be Rejected Entirely
The Court held that PW-4, a relative who turned hostile, offered a credible alternative narrative—that the injuries resulted from a scuffle at a Ganesh Puja pandal, not the complainant’s house.
Quoting the precedent State of U.P. v. Ramesh Prasad Misra (1996), the bench emphasized that:
“The evidence of a hostile witness would not be totally rejected… that portion which is consistent with the case of prosecution or defence may be accepted.”
2. Medical Evidence Contradicts Prosecution Claims
While PW-2 alleged bleeding injuries to his nose and mouth, medical examination recorded only minor scratches inconsistent with his testimony.
3. Absence of Independent Witnesses
Despite claiming that many locals witnessed the incident, no independent witness was produced, weakening the prosecution’s narrative.
4. Perverse Finding Under SC/ST Act
The Court criticized the High Court for concluding a caste-motivated offence without any supporting testimony:
“There appears to be no statement… that the offence was committed only because the victim belonged to a Scheduled Caste.”
The Supreme Court ruled that the prosecution failed to establish guilt beyond a reasonable doubt, acquitting both appellants and discharging their bail bonds.
“The conviction and sentence of the appellants are indefensible.”
Case Title:
DADU @ ANKUSH & ANR. VS. STATE OF MADHYA PRADESH & ANR.
OF SLP (CRIMINAL) NO. 10759/2024
READ JUDGMENT
Click Here to Read More Reports On SC/ST Act
