Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Case Title: Shoma Kanti Sen vs. The State Of Maharashtra
Case No.: Criminal Appeal No. 523 of 2015
Date: April 05, 2024
Bench: Justice Revati Mohite Dere and Justice Gauri Godse
Advocates for Appellant: Mr. Prasad Dhakephalkar, Senior Advocate a/w Mr. Shekhar Pathak and Mr. Akash S. Agrawal, for the Appellant.
Advocates for Respondent: Mr. S.V. Gavand, APP, for the Respondent – State.
Brief Facts:
Shoma Kanti Sen was convicted under Section 302 of the Indian Penal Code for the murder of her husband. The conviction was based on circumstantial evidence, primarily focusing on the strained relationship between the couple and Shoma Kanti Sen's extramarital affair. The trial court sentenced her to life imprisonment. Shoma Kanti Sen appealed the conviction, arguing that the evidence was insufficient and that the trial court had not properly considered her defense.
Observations of the Court:
The High Court meticulously reviewed the evidence, highlighting the importance of a fair trial and the necessity for the prosecution to establish guilt beyond reasonable doubt. The Court noted several inconsistencies in the prosecution's case and emphasized that suspicion, however strong, could not replace proof. The Court also addressed the improper rejection of defense evidence by the trial court and pointed out that the extramarital affair alone could not be the sole basis for conviction.
The Decision of the Court:
The High Court allowed the appeal, setting aside the conviction and sentence of the trial court. Shoma Kanti Sen was acquitted of all charges. The Court underscored the principle that the benefit of the doubt must always be given to the accused, and in this case, the prosecution had failed to prove its case beyond a reasonable doubt.
