STATEMENT OF FACTS

HISTORICAL BACKGROUND:
Indica, a democratic country which enacted its constitution in 1950, is the most populated
country in the world. Indraprastha, whose capital is Gandhar is the most developed and small
(population and area) state in the country.

FACTS:
1. 04.04.2020: Ms. Dora called Gandhar Metro police station informing them about the
death of her neighbour, Ms. Brownie.
2. Sub-Inspector Mr. Duffy acted immediately and found the body of Ms. Brownie naked
and soaked in a pool of blood in the living room of Flat No. A-007 of Cute Colony in
Gandhar, wherein most of the residents were advocates.
3. Investigation’s Findings:
i. Ms Brownie’s body was first seen by Mr Chad(cook).
ii. No contact with Mr Perk(husband), had cordial relations.
iii. 6 white tablets like substances were recovered.
4. Post-mortem Report:
i. Reason of death was found to be to an injury on head from a sharp and heavy
object that led to loss of blood.
ii. Ms. Brownie was involved in sexual intercourse at the time of her death.
iii. Traces of skin were also recovered from Ms. Brownie’s nails.
iv. Time of death: 04:00 AM to 05:00 AM on 04.04.2020.
5. FSL Report: the 6 white tablets like substances were LSD.
6. On 14.04.2020, Mr. Perk was arrested from his chamber in the outskirts of Gandhar. A
blood-soaked shirt of him was recovered from office along with injury marks on his back.
Telephone records showed his phone was at his house from 08:00 PM on 03.04.2020 till
07:00 AM on 04.04.2020 and was switched off.
7. Security guard admitted seeing Mr. Perk entering his house at 08:00 PM on 03.04.2020
but did not see him leaving the residence.
8. FSL reported, blood on Mr Perk’s shirt didn’t match with the blood of Ms. Brownie and
skin traces recovered from Ms. Brownie’s nails matched with Mr. Perk’s skin. No trace of
LSD was found in Mr Perk’s body.
9. The investigating team failed to recover the murder weapon and Mr. Perk’s phone. No
panchas were present during Mr. Perk’s arrest and during the recovery of the shirt.
10. On 18.04.2020 the police requested the Magistrate to record Mr Perk’s confession u/s 164
of the CrPC. Mr. Perk repeatedly cried and said, “I am guilty, I am guilty”!
11. The charge-sheet against Mr. Perk was filed under 302 of Indican Penal Code, 1860 and
u/s 27 of the NDPS Act, 1985 by the investigation team.
12. Mr. Perk pleaded guilty before the Special District& Session Court in Gandhar. However,
the judge ordered the prosecution to go ahead with the case to prove the charges,
concluding Mr. Perk not guilty due to lack of evidence and presence of reasonable doubt,
mentioning many lacunas in the story presented by the prosecution.
13. Alleging that the judge ruled in favour of Mr Perk due to personal relations, national
newspaper, ‘Indica Unfolded’ published that the judge was not only a batch- mate of Mr.
Perk in the Law School but also his roommate in the first year.
14. Mr. Chow denied the allegations stating he had no contact with Mr. Perk since last 20
years and he had changed his room as his relations were souring at the end of the year.
15. The state had filed an appeal against the judgment of the trial court before HC of Gandhar
but due to all the hue and cry the SC took suo-motu cognizance
ISSUES:

I. Did the trial court commit error in its judgment?

II. Can a person be convicted merely based on ‘plead guilty’ statement

recorded by the trial court judge in a case wherein the prosecution has
failed to prove guilt of the accused beyond reasonable doubt?

III. Whether the hearing of the case by Mr. Chow has violated the
principles of natural justice?