When this Sec.149 is misused, an innocent person can go to Life Imprisonment!

This is really scary!

When few person form a group and crime is committed by a group this section 149 applies.

It speaks about such unlawful assembly and “EVERYONE” in group is equally liable.

In 2010(9) Sclae 57, on page 59 in para 6, Supreme Court said,

“Where deep enmities is admitted with history series of murders and attempted murders interse, and political rivalaries going back for years together, a case of false implication is a clear possibility”

It is for these reasons, mere evidence of eye witness not enough. The court will look for some independent corroboration to what witnesses are saying.

Haresh Raichura
26/6/2012 

Two courts below have convicted appellants.

SC set aside conviction and acquitted two persons.

SC noticed:

1) Deep enmity between two families.
2) Land dispute
3) FIR after 3 days
4) No injury on body of prosecutrix
5) Lady Doctor opined that prosecutrix was a ‘multi person lady’
6) Clothes not sent to laboratory
7) Investigating Officer did not came in witness box.

Well, imagine the mental agony of these two persons. We also wonder how High Court and Trial Court failed to notice above things.

Re: 2010 (9) Scale 54

Haresh Raichura
26/6/2012