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Cannot be Convicted For Causing Disappearance Of Evidence Merely Because Of Failure To Inform Police About Crime

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 high court acquitted him of the offence under Section 498A of the IPC but conviction under Section 201 of the IPC was maintained.

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.

“We are afraid, the High Court is not justified in maintaining the conviction under Section 201 only on the ground that no communication was given to the police and that the post-mortem had not been performed,” the bench observed.

 Article referred: http://www.livelaw.in/conviction-causing-disappearance-evidence-merely-failure-inform-police-crime-not-justified-sc-read-judgment/

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