Conviction For Causing Disappearance Of Evidence Merely Because Of Failure To Inform Police About Crime Not Justified: SC [Read Judgment]
The Supreme Court, in Dinesh Kumar Kalidas Patel v State of Gujarat, has held that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the crime.The trial court had convicted a person for offences under Sections 498A and 201 of the Indian Penal Code, 1860. The Supreme Court, in Dinesh Kumar Kalidas Patel v State of Gujarat, has held that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the crime. The bench of Justice Kurian Joseph and Justice Amitava Roy observed that the high court had maintained the conviction under Section 201 of the IPC, only on the ground that the accused did not give intimation to the police of the unnatural death and that no post-mortem was conducted. The court said a charge under Section 201 of the IPC can be independently laid and conviction maintained also, in case the prosecution is able to establish that an offence had been committed, the person charged with the offence had the knowledge or the reason to believe that the offence had been committed, the said person has caused disappearance of evidence and such act of disappearance has been done with the intention of screening the offender from legal punishment.
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