The Bombay High Court recently criticized the casual approach of the police and judges in a case that led to the wrongful conviction of a man. Justice S.M. Modak, in his March 14 ruling, expressed disappointment over the trial and appellate courts’ oversight, which resulted in a conviction despite missing key evidence.
In his judgment, Justice Modak emphasized the failure of the police and judiciary to fulfill their duties responsibly. The case involved a criminal breach of trust, where the conviction was based on incomplete evidence. The court noted that the investigating officer had retired but highlighted the need to address this negligence.
“This shows blatant disregard for the responsibilities of the involved parties,” Justice Modak said. He directed the Joint Director of the Maharashtra Judicial Academy (MJA) to address the issue in judicial training, so future cases are handled more diligently. The Joint Director is also required to report back to the High Court on actions taken to improve the situation.
The case revolved around Anand Sakpal, a postmaster accused of misappropriating ₹28,834 between August 2006 and February 2007. His superior had inspected the postal registers and suspected discrepancies, leading to a police complaint. Sakpal was charged under Sections 409 (criminal breach of trust by a public servant) and 468 (forgery) of the Indian Penal Code.
While the trial court acquitted Sakpal of forgery, he was convicted of criminal breach of trust and sentenced to three years of rigorous imprisonment. The Sessions Court in Panvel upheld this decision.
Disheartened, Sakpal filed a revision application with the High Court. Justice Modak noted that the police failed to seize the relevant registers from 2006–2007, which formed the basis of the complaint. Instead, they produced registers from 2004–2005, which were not even submitted to the trial court.
The High Court criticized both the magistrate and sessions judges for ignoring these significant gaps in the prosecution’s evidence. “Without reviewing the correct registers, it was impossible to conclude there was any misappropriation,” Justice Modak remarked.
As a result, Sakpal was acquitted, and the court ordered his immediate release from prison.
Case Title: Anand Sakpal v. State of Maharashtra
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