In a recent verdict, the Supreme Court of India emphasized that a person’s reputation should not be solely based on their education and religious beliefs. A bench comprising Justices M. M. Sundresh and J. B. Pardiwala acquitted the appellant, Harvinder Singh, of murder charges. The prosecution’s witness, although described as educated and God-fearing, exhibited suspicious behavior.
Background in Harvinder Singh:
The court clarified that reputation should be assessed from the perspective of an identifiable group, while character reflects a person’s true nature. The High Court, in this case, misinterpreted the notion of reputation and uncritically accepted the witness’s testimony, leading to the reversal of the accused’s acquittal by a Solan court.
The Supreme Court stressed that character and reputation are interconnected but distinct. Reputation is an internal matter and must be substantiated through the opinions of those who hold it. However, as a piece of evidence, reputation is relatively weak when it relates to a specific fact in question.
The court stated that courts should not be swayed by a person’s background, especially when their conduct raises serious doubts, particularly when evaluating a witness’s conduct under Section 8 of the Evidence Act.
The Supreme Court concluded that when a person’s behavior deviates significantly from normal human conduct, their reputation becomes less relevant. The trial court’s decision was based on substantial reasons, and it is the prosecution’s responsibility to prove the charges beyond a reasonable doubt.
The bench highlighted the absence of a fingerprint report and the non-examination of witnesses as key factors. It noted that the high court focused on the victim’s homicidal death while disregarding multiple findings from the trial court, including the fact that the victim’s house was surrounded by numerous other houses.
Supreme Court’s Decision
As a result, the appellant was granted the presumption of innocence, and the high court’s ruling was overturned, restoring the trial court’s acquittal. The prosecution had asserted that on June 17, 2003, Singh and several other individuals, some of whom were deceased, unlawfully entered the residence of the victim and her husband due to prior enmity. The prosecution claimed that, during the confrontation, the victim was subjected to sexual assault and ultimately killed as she resisted the assault and tried to defend herself with a sword.
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