Gauhati High Court Dismisses Revision Petition in Criminal Trespass and Intimidation Case, Citing Inconsistent Testimonies, Unexplained FIR Delay, and Lack of Evidence for Unauthorized Entry and Theft

Court’s Decision:

The Gauhati High Court upheld the acquittal of the accused under Sections 447/506/34 of the Indian Penal Code (IPC), rejecting the revision petition. The Court affirmed that the prosecution had failed to prove unauthorized entry, theft, or threats, as required under Section 447 of the IPC. The revision petition was dismissed due to lack of merit.

Facts:

• The petitioner filed a complaint alleging that on September 12, 2006, the accused interfered with his fish-catching activity on his own land, stole fish worth Rs. 500, and issued death threats.
• A subsequent village meeting led to demands that the petitioner either marry a woman named Sokina Khatun or pay Rs. 70,000.
• An official FIR was lodged on October 5, 2006, citing Sections 143, 447, 384, 467, 506, and 34 of the IPC, and a charge sheet was filed against the accused.
• The trial resulted in the acquittal of the accused based on contradictions and insufficiencies in the prosecution’s evidence.

Issues:

The main issue was whether the accused had committed criminal trespass, theft, and intimidation under Sections 447 and 506 of the IPC.

Petitioner’s Arguments:

The petitioner contended that:

1. The trial court failed to adequately appreciate the evidence, resulting in an erroneous acquittal.
2. Testimonies from prosecution witnesses (PWs 1-5) corroborated the charges beyond reasonable doubt.
3. The acquittal was unjust as the trial court ignored evidence of intimidation, theft, and the alleged threat posed by the accused.

Respondent’s Arguments:

The respondent argued that:

1. The trial court’s assessment was thorough, with due consideration of evidence and contradictions.
2. Witness statements were unreliable and contradictory, weakening the prosecution’s case.
3. The trial court rightly acquitted the accused, given the inconsistencies in witness testimonies.

Analysis of the Law:

The Court analyzed Section 447 of the IPC, which defines criminal trespass. Essential elements include:

1. Unauthorized entry or unlawful presence with intent to commit an offense.
2. Evidence of such entry or presence to intimidate or harm the person in possession.

The court found that the prosecution did not establish the presence of these elements beyond reasonable doubt.

Precedent Analysis:

No specific precedents were discussed in the judgment; the Court focused on the statutory requirements of Section 447 and its application based on the evidence presented.

Court’s Reasoning:

The Court observed that:

1. Witness testimonies were inconsistent and contradicted one another, notably with key witnesses failing to confirm unauthorized entry or theft.
2. The delay in filing the FIR, without satisfactory explanation, undermined the credibility of the complaint.
3. No direct evidence of theft or criminal trespass was provided, as essential elements were not proven.

Conclusion:

The Court concluded that the trial court correctly acquitted the accused due to the prosecution’s failure to prove the elements of criminal trespass or theft. Thus, the revision petition lacked merit and was dismissed.

Implications:

This decision underscores the importance of clear, consistent witness testimony in cases involving allegations of trespass and intimidation. It also highlights the need for timely filing of FIRs to support the credibility of complaints in criminal cases.

Also Read – Gauhati High Court Acquits Driver Convicted for Narcotic Transportation, Citing Procedural Lapses in Seizure, Lack of Senior Authorization, and Non-Compliance with NDPS Act Provisions