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Andhra Pradesh High Court Acquits Four in Assault Case, Cites “Suppressed Origin of Incident, Delayed Complaint, and Medical Discrepancies”

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Court’s Decision

In Criminal Appeal No. 904 of 2008, the Andhra Pradesh High Court set aside the conviction and sentence of four appellants previously found guilty under Sections 326, 324, and 323 IPC. The Court held that the prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in medical and ocular evidence, unexplained delay in lodging the complaint, and prior enmity between the parties. The appellants were acquitted and directed to be released immediately, with any fines refunded.


Facts

The case stemmed from a private complaint lodged by the injured complainant (P.W.2), alleging a brutal assault on 17.06.2003 at around 7:30 PM. According to the complaint:

The complainant further alleged that A.4 to A.6 instigated the assault and promised help. A private complaint was lodged nearly five months later after no action was taken by local police.


Issues

  1. Whether the prosecution proved the charges under Sections 326, 324, and 323 IPC beyond reasonable doubt?
  2. Whether the delay of five months in lodging the complaint and the prior enmity between the parties tainted the credibility of the complainant?
  3. Whether the ocular testimony matched the medical evidence?

Petitioner’s Arguments

The appellants contended:


Respondent’s Arguments

The complainant’s counsel argued:


Analysis of the Law

The Court examined the inconsistencies between:

Though 12 injuries were documented shortly after the incident, only 3 were attributed to the accused in testimony. No explanation was provided for the remaining injuries. The complainant admitted to a prior conviction in a criminal case filed by A.3’s wife, arising from an incident that occurred on the same day. The complaint was filed after five months with no copy of the police report sent to higher officials. The Court cited the legal principle that unexplained delay creates suspicion and facilitates embellishment.


Precedent Analysis

The judgment reiterates the settled principle:

“A delayed report not only gets bereft of spontaneity… [but invites] the danger of introduction of coloured version, exaggerated account, or concocted story as a result of deliberations and consultations.”

The Court emphasized that in criminal trials, particularly those involving prior enmity, delay and lack of corroboration demand heightened scrutiny.


Court’s Reasoning

Justice K. Sreenivasa Reddy concluded:

The High Court thus found the case unfit for conviction and held that the appellants were entitled to the benefit of doubt.


Conclusion

The High Court allowed the appeal, holding:


Implications

This decision reinforces the principles of criminal jurisprudence:

Also Read: Chhattisgarh High Court Refuses Payment Relief to Contractor for Pending Bills in Government Bridge Project: “Relief Cannot Be Granted Under Article 226 Where Factual Controversies Exist”

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