TMI Blog1981 (8) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... lly made and that the keys of a similar almirah could well fit it and that was perhaps how the keys recovered from the accused did fit the almirah in the flat. That of course was not the plea of the accused nor was it a suggestion made to the prosecution witnesses. We are unhesitatingly of the view that the explanations fancied by the High Court was a wholly unreasonable explanation in the circumstances of the case. Shri Jethmalani reminded us first that we were considering circumstantial evidence, second we were dealing with an appeal against acquittal and third we were exercising our extraordinary but exceptional jurisdiction under Article 136. We think that, interference in this case is imperative and hesitation to interfere will lead to a miscarriage of justice - set side the judgment of the High Court - respondent will surrender forthwith. The gold slabs will stand confiscated - appeal allowed. - 126 of 1975 - - - Dated:- 12-8-1981 - O. Chinnappa Reddy, A.P. Sen and Baharul Islam, JJ. [Judgment per : O. Chinnappa Reddy, J.]. - It is one of the sad and distressing features of our criminal justice system that an accused person, resolutely minded to delay the day ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available and their memories too may fade like those of the witnesses for the prosecution. In such situations, inappropriate cases, we may readily infer an infringement of the right to life and liberty guaranteed by Article 21 of the Constitution. Denial of a speedy trial may with or without proof of something more lead to an inevitable inference of prejudice and denial of justice. It is prejudice to a man to be detained without trial. It is prejudice to a man to be denied a fair trial. A fair trial implies a speedy trial. In Hussainara Khatoon v. State of Bihar, (1969) 3 SCR 169. this Court said (at p. 179) : Speedy trial is of the essence of criminal justice and there can be no doubt that delay in trial by itself constitutes denial of justice. It is interesting to note that in the United States speedy trial is one of the constitutionally guaranteed rights. The Sixth Amendment to the Constitution provides that `in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial'. so also Article 3 of the European Convention on Human Rights provides that `every one arrested or detained-shall be entitled to trial within a reasonable time or to releas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st Hussainara case, the right to a speedy trial is not an expressly guaranteed constitutional right in India but is implicit in the right to a fair trial which has been held to be part of the right to life and liberty guaranteed by Article 21 of the Constitution. While a speedy trial is an implied ingredient of a fair trial, the converse is not necessarily true. A delayed trial is not necessarily an unfair trial. The delay may be occasioned by the tactic or conduct of the accused himself. The delay may have caused no prejudice whatsoever to the accused. The question whether a conviction should be quashed on the ground of delayed trial depends upon the facts and circumstances of the case. If the accused is found to have been prejudiced in the conduct of his defence and it could be said that the accused had thus been denied an adequate opportunity to defend himself, the conviction would certainly have to go. But if nothing is shown and there are no circumstances entitling the Court to raise a presumption that the accused had been prejudiced thee will be no justification to quash the conviction on the ground of delayed trial only. 3. In the present case, in the beginning, three per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o search the room and showed them the authorisation given to him by P.W. 4. The room was then searched. The rear side of the entrance door had a handle from which was hanging a `Tiger' brass lock. Besides the sofa there was a steel almirah. P.W. 1 asked accused No. 1 to open the Almirah. Accused No. 2 Poonam Chand then took out a bunch of keys from the pocket of his trouser and opened the almirah. There were eight drawers in the Steel Almirah. These drawers contained some documents. It was noticed that the two bottom drawers had false bottoms. When the false bottoms were pulled out and searched, they were found to contain 11 jackets in each of which there were 100 slabs of gold weighing 10 tolas each. The total quantity of gold found secreted in the Almirah was 11,000 tolas. The gold slabs had foreign markings on them. A key was also found in that almirah and this key was found to fit the `Tiger' lock which was hanging from the inner handle of the front door of the flat. Thereafter accused No. 1's person was searched and some documents and two bunches of keys, one containing eight keys and the other containing three keys were found. The bunch of eight keys was found to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The High Court however thought that the steel almirah in the flat was not shown to have been specially made and that the keys of a similar almirah could well fit it and that was perhaps how the keys recovered from the accused did fit the almirah in the flat. That of course was not the plea of the accused nor was it a suggestion made to the prosecution witnesses. We agree with the submission that circumstantial evidence must be of a conclusive nature and circumstances must not be capable of a duality of explanations. it does not however mean that the Court is bound to accept any exaggerated, capricious or ridiculous explanation which may suggest itself to a highly imaginative mind. It is well to remember that the Evidence Act considers a fact as proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent mind ought under the circumstances of the particular case, to act upon the supposition that it exists. It is also worthy of remembrance that a Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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