Trial Court Judges Frequently Convict Innocent Accused to Save Career Hopes and Avoid Wrath of High Courts: Allahabad HC

At the same time, the division panel complained that the Government had not accepted the recommendations made by the Commission. Law Commission in it 277. Report (‘Unfair Prosecution (Judicial Abortion: Legal Remedies’)) because there are many cases in which defendants tried for serious crimes are not acquitted despite clear cases of acquittal.

The court added that since the government had not yet implemented the recommendations of Resolution 277:^This According to the Law Commission’s report, violation of Articles 14 and 21 of the Constitution of India due to unfair prosecution and punishment will continue unabated.

The court also said: very exaggerated Bhartiya Nagrik Suraksha Sanhita, 2023There is nothing in line with Articles 14 and 21 of the Constitution of India for such unfortunates.

For context, 277^This Law Commission report (2018) Recommendation to enact a specific legal provision for compensation for wrongful prosecution cases – to provide relief to victims of wrongful prosecution in terms of monetary and non-monetary compensation (counseling, mental health services, vocational/employment skills development, etc.) within the legal framework. The Commission also recommended that a legal obligation be imposed on the State to compensate victims of wrongful prosecution for the right to be compensated by erring officials.

In its decision acquitting a murder defendant, the court expressed disappointment at the fact that no court would be able to financially compensate for a false accusation and the resulting trauma.

“In the process, a virtual death occurs in the personality of the person on trial, making it impossible for him to return to normal life with the decision of acquittal. The lost years of free life cannot be returned to him or revived to please him. He and his family are suffering because of the criminal justice enforcement case. Money awarded for losses does little to absolve the ruler of this unforgivable sin…The family of such individuals also goes through the process of appealing the proceedings, which consumes time and money; This is so boring that it is nothing but a great punishment in itself. Sometimes the family loses all means of survival while defending their relative and loved one in courts at different levels.” The court observed.

The court noted that if the defendant was ultimately acquitted, they would find themselves unfit for family and society. Their place in the family is filled by other family members, other family members confiscate property, and after long periods in prison they are rarely seen as welcome individuals.

In this context, the Court suggested that the State could grant monetary compensation to the defendants, which could provide some consolation. Once they were acquitted of the false charges against them, they would no longer be seen as a burden to their families.

The court made these observations while allowing the murder accused’s appeal challenging his conviction in the case.

In its 27-page judgment, the Court noted that the accused-appellant was not allowed to defend himself against the charge for which he was convicted and the trial changed the charge even after recording the statement of the accused-appellant under Section 313 of the CrPC. It was not suitable.

The court also noted that none of the prosecution witnesses supported the prosecution. Despite this, the defendant was convicted by the court and sentenced to approximately 13 years in prison before being released on bail in October 2022.

Considering the plight of such innocent persons who were wrongfully tried but acquitted years later, the Court said our justice delivery system has made little effort to make amends.

“It is true that from time to time positive approaches in constitutional jurisdictions have addressed this issue. However, currently, no concrete judicial mechanism has been formed in our jurisprudence to ensure uniform implementation in cases of unfair prosecution.The court also observed:

The court also emphasized that Private Law Remedies for torts arising from malicious prosecution are not effective remedies for victims of wrongful prosecution, given the slow pace of civil litigation and expenses such as court fees and other litigation costs.

The Court also considers that any possible action contributing to a wrongful prosecution may be considered criminally, with a view to securing the conviction of erring state officials and private complainants, as well as initiating malicious prosecutions.

In this context, the Court referred to ‘defective conduct’. IX and XI of the IPC. Departments useful indicators Constitutional courts and other civil courts, especially investigations, investigations, and try.

The division bench also underlined that instead of constituting special tribunals to deal with the claims for compensation raised by the Law Commission, pragmatism and convenience demand that this task be done by the court that acquitted the accused, be it trial, appeal or re-examination. court.

As in the provision of compensation to victims of crime (Articles 357 and 357 of the Code of Criminal Procedure/or their corresponding articles 395 BNSS and 396 BNSS), the court must briefly and expeditiously submit claims for compensation to the court that acquitted the defendant.

AppearanceS.

Appellant Lawyer: Amar Singh Kashya, Ajay Sengar, SP Lal

Defendant’s Lawyer: AGA I Manju Thakur

Case title – Upendra @ Balveer vs UP State

Case quote:

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