May 25, 2013

Understanding Criminal Justice (Part 15) 7 daughters saved father from corruption charges

This is true story. (Inferences may be wrong)

A villager killed a buffalo.

Police Inspector called him at police station and said he has committed crime of murder under 302 of IPC and can go in jail for life imprisionment unless he pay bribe.

The villager went to Anti corruption crime branch and lodged complaint against police inspector.

A trap was laid by anti corruption branch. Police Inspector was trapped. He was convicted for one year jail for demanding bribe. He was dismissed from job.

High Court confirmed conviction.
He came to me for filing appeal in Supreme Court.


I saw no point in his case and told him so. He still wanted to file appeal. He made a request. He said his astrologer has advised him that he has good chances if his Appel is filed on certain Saturday between 11:00 AM to 12 PM.

This was in my control. I agreed to do so. It was filed at time and day given by his astrologer.

In appeal, Supreme Court issued notice to state government. But thereafter when appeal was listed, the judge was not ready to listen and was bent on dismissing case. I had engaged a Senior Counsel, but he was not there, so matter was adjourned.

Thereafter the matter did not come on board for hearing for some reasons. The Judge who strongly wanted to dismiss case, was also retired.

The Police Inspector has completed one year jail. He came out and met me and asked for reasons of delay. I showed him how much I tried to get matter listed early and failed. I asked him to ask his astrologer about delay in hearing.

After some months, the matter was listed before a very kind Judge Justice Sahay. (He was the judge who held that attempt to suicide is not a crime, it is a 'Cry for Help' from society. His judgement was later upturned by three judges of SC)

He looked into grounds of my appeal. In every ground, I have repeatedly said, "My client is father of seven daughters. All his daughters are now reaching marriageable age"

The judge felt, looking at findings of court below, that the prosecution has failed to prove its case beyond reasonable doubt. He acquitted the man.

The man had already served one year jail pending appeal. But he got back his job.

The judgement does not say that the Judge is acquitting him because of her seven daughters. But I have feeling that this was the main reason.

Haresh Raichura
24/4/13 09:59