Supreme Court Revives Use of Deceased Victim's Deposition in Rape Trial, Supreme Court overturns Calcutta High Court decision, allowing evidence from deceased victim in trial against absconding accused under CrPC Section 299.
In a landmark judgment, the Supreme Court of India has overturned a decision by the Calcutta High Court, restoring the admissibility of a deceased victim's deposition in the ongoing trial of absconding accused Kader Khan. The Supreme Court emphasized the application of Section 299(1) of the Code of Criminal Procedure (CrPC), which permits the use of depositions recorded in the absence of absconding accused, provided specific conditions are met.
The case originated from a horrific incident on February 5, 2012, when the victim was gang-raped at gunpoint by five accused, including Kader Khan, while returning from a nightclub in Kolkata. Following the incident, three of the five accused were apprehended, while Kader Khan and another accused remained absconding. Despite efforts by law enforcement, the two absconding accused were only apprehended in late 2016, long after the victim had passed away in March 2015.
The crux of the legal debate centered on whether the deposition of the deceased victim from the initial trial could be admitted in the subsequent trial against Kader Khan. The trial court had initially allowed the deposition under Section 299(1) of CrPC, which was later set aside by the Calcutta High Court, citing procedural lapses in obtaining necessary directions from the trial court at the time the deposition was recorded.
The Supreme Court bench, consisting of Justices Sanjay Karol and Vipul M. Pancholi, clarified that the absence of a formal order by the magistrate does not render the deposition inadmissible, as long as the conditions of abscondence and no immediate prospect of arrest are established. The bench referenced precedents, including the cases of Abu Salem Ansari and Nirmal Singh, to underscore the legislative intent behind Section 299, which seeks to preserve evidence against accused who deliberately evade trial.
The judgment also highlights the intersection of Section 299 CrPC with Section 33 of the Indian Evidence Act, reaffirming the admissibility of evidence recorded under special circumstances. The court observed that the legislative framework remains unchanged in the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023, reinforcing the continuity of legal principles.
This decision by the Supreme Court underscores the judiciary's commitment to upholding justice in cases involving heinous crimes, ensuring that procedural technicalities do not obstruct the prosecution's ability to present crucial evidence. The ruling is expected to have significant implications for trials involving absconding accused, setting a precedent for the admissibility of evidence in similar cases.
Bottom Line:
Section 299(1) of the Code of Criminal Procedure provides an exception to the general rule that evidence must be recorded in the presence of the accused. For the deposition of a deceased or unavailable witness to be used against an accused in a subsequent trial, it must be established that the accused was absconding and there was no immediate prospect of their arrest at the time of recording the deposition.
Statutory provision(s):
- Section 299(1) of the Code of Criminal Procedure, 1973
- Section 33 of the Indian Evidence Act, 1872
- Section 335 of the Bharatiya Nagarik Suraksha Sanhita, 2023
State of West Bengal v. Kader Khan, (SC) : Law Finder Doc id # 2942341
