Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2020 (8) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (8) TMI 909 - SUPREME COURTRobery and attempt to murder - Recovery of prohibited buttondar knife from the appellant and his co-accused - conviction under Section 394 of IPC - HELD THAT:- Mere production of photocopy of an OPD card and statement of mother on affidavit have little, if any, evidentiary value. In order to successfully claim defence of mental unsoundness under Section 84 of IPC, the accused must show by preponderance of probabilities that he/she suffered from a serious-enough mental disease or infirmity which would affect the individual’s ability to distinguish right from wrong - Further, it must be established that the accused was afflicted by such disability particularly at the time of the crime and that but for such impairment, the crime would not have been committed. The reasons given by the High Court for disbelieving these defences are thus well reasoned and unimpeachable. Regardless thereto and given the ingrained principles of our criminal law jurisprudence which mandates that substantive justice triumph limitations of procedure, this Court on 22.07.2020 tried to enquire into the mental health of the appellant, by requesting the learned Additional Solicitor General to get the appellant mentally examined. However, notwithstanding such efforts, the appellant who had been granted bail by this Court earlier, is untraceable. Given such inability of the appellant to establish juvenility or insanity, raise any doubt regarding guilt; and considering the detailed reasons accorded by the High Court, the reliable testimony of twelve witnesses as well as the leniency shown in sentencing, there are no reasons to interfere with the impugned order(s) - appeal dismissed.
|