CHOTKAU versus STATE OF UTTAR PRADESH

CHOTKAU versus STATE OF UTTAR PRADESH

The prosecution evidence (PWs 1 to 3) contained very serious contradictions on material matters rendering their evidence untrustworthy; in those circumstances the inordinate five-day delay in transmitting the FIR to the jurisdictional court assumed significance and, together with the prosecution's failure to subject the accused to medical examination and to obtain forensic reports, created reasonable doubt; consequently the convictions and death sentence could not be sustained and were set aside.

Parties
Appellant: Chotkau; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
28 September 2022
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Confirmation of Conviction and Death Sentence
Legal Topics
Rape, Murder, Circumstantial Evidence, Last Seen Theory, Delay in Forwarding FIR, Medical Examination of Accused (s.53 A), Questioning Under S.313 Cr PC
Indian Penal Code, 1860 Code of Criminal Procedure, 1973 Indian Evidence Act, 1872 Rape Murder Circumstantial Evidence Last Seen Theory Delay in Forwarding FIR +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Party arguments 2
Sign in to unlock

Parties

Chotkau

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Confirmation of Conviction and Death Sentence

Legal Issues

  1. 1 Trustworthiness of prosecution witnesses (PWs 1 to 3) and sufficiency of last-seen/circumstantial evidence
  2. 2 Legal effect of delay in transmitting FIR to the jurisdictional court (s.157(1) CrPC)
  3. 3 Failure to medically examine accused (s.53/53A CrPC) and failure to obtain forensic reports

Ratio Decidendi

The prosecution evidence (PWs 1 to 3) contained very serious contradictions on material matters rendering their evidence untrustworthy; in those circumstances the inordinate five-day delay in transmitting the FIR to the jurisdictional court assumed significance and, together with the prosecution's failure to subject the accused to medical examination and to obtain forensic reports, created reasonable doubt; consequently the convictions and death sentence could not be sustained and were set aside.