MOHD. BILAL Vs. STATE

JUDGEMENT

(1.) Crl.M.B.No.785/2014

(2.) A case of no evidence against appellant No.2, Ms.Beena Stella Rafi, has ended in her being convicted for the offence punishable under Section 302 IPC. The unfortunate lady who was in Government service has lost her job on being convicted. The innocent lady had not only to spend time in jail but also finds herself without a job. There is not even a jot of evidence against her.

(3.) We have to re-emphasize that where there are more than one accused, it becomes the duty of the Court to list the incriminating circumstances against each accused and when learned Judges presiding over a Court of Session start speaking 'they' for 'him/her' while referring to the accused it commits the blunder, which has occurred in the instant case. If only the learned Judge who presided over the trial had kept in sight the guiding star that at a criminal trial circumstances emanating from the evidence against each accused had to be separately listed the error would not have taken place. The impugned judgment is replete with reference to appellant No.1, Mohd.Balil and in spite of no reference being made to appellant No.2 Ms.Beena Stella Rafi, save and except where the learned Judge has referred to the fact that there was a quarrel between appellant No.2 and her husband, even the appellant No.2 has been convicted without any finding as to what role was played by appellant No.2 in the commission of the crime.