In this case, a cunning Knife faked a ‘InLaws-set-fire-on-me’ drama and got rightly rapped by the Hon’ble High Court. The law point elucidate here is: in a case, two views are possible, the one which favours the accused has to be adopted by the Court.
From the Judgment
When giving benefit of acquittal to the respondents-accused, it was noticed by the trial Court that in the witness box, applicant- complainant PW-3 had made many improvements, so far as her allegations are concerned. It was also noticed that the burnt clothes of the complainant were not taken into possession by the Investigating Officer. In the witness box it was stated by the complainant that after she was put on fire, she grabbed mobile phone from one of the culprits and made a telephonic call to her brother and thereafter, she doused the fire by sprinkling water upon her from a drum. On this aspect, deposition made by the complainant, was rightly discarded by the trial Court.
30% burns on exposed body parts would be visible to anyone and had there been any such apparent injury, the police would not have dismissed her stand for want of sufficient proof. Moreover, the infant daughter of the complainant was with her. If at all the complainant would have been badly burnt, she could hardly have handled an infant child.
The fact that neither Imlesh nor Satbir have referred to their visit to the police reflects their mala-fides.
The Investigating Officer further clarified that it was the accused who had informed the police on the telephone No.100 that Imlesh had been harassing them and wanted to set their house on fire. In pursuance of this, the concerned official had advised the accused to inform the Police Station Surajkund whereupon it was the accused who had informed this witness (PW-7) of the occurrence telephonically that Imlesh was trying to set their house on fire. When the police reached the spot, no one was present there and part of the house had already been burnt. The neighbours had disclosed to the Investigating Officer that it was Imlesh who had put certain goods on fire in the house and had thereafter run away.
The trial Judge has thrashed the entire evidence in a proper manner and the opinion formed is as per evidence on record.