Holding

The circumstantial evidence did not form a complete, unbroken chain and was insufficient to sustain conviction, so the High Court's acquittal stands.

Summary

The State of Uttar Pradesh charged Ram Balak and another with the rape and murder of a 14‑year‑old girl, invoking IPC sections 376, 302 and 201. The trial court convicted them on the basis of five circumstantial points, including a dog‑tracking lead and an alleged extra‑judicial confession, and sentenced them to death, life imprisonment and seven years respectively. On appeal, the Allahabad High Court acquitted the accused, holding that the circumstantial evidence did not form a complete, unbroken chain and that the alleged confession was not properly examined under Section 313 CrPC. The State appealed to the Supreme Court, contending that the prosecution had satisfied the legal tests for conviction on circumstantial evidence. The Supreme Court affirmed the High Court’s decision, observing that none of the circumstances was sufficiently cogent, the dog‑tracking evidence was of limited weight, and the extra‑judicial confession was unreliable; consequently, the prosecution failed to prove guilt beyond reasonable doubt. The appeal was dismissed.

Issues considered

Whether conviction based solely on circumstantial evidence is permissible under Indian law.
Whether the circumstantial evidence in this case satisfied the established tests for a complete chain of inference.
Whether the dog‑tracking evidence and the alleged extra‑judicial confession are admissible and sufficient to support conviction.
Whether the prosecution proved the guilt of the accused beyond reasonable doubt.

Legislation cited

Code of Criminal Procedure, 1973s. 313
Indian Penal Code, 1860s. 201, s. 302, s. 376

Subjects

circumstantial evidencerapemurderminor victimdeath penaltydog tracking evidenceextra‑judicial confessionIndian Penal Codeacquittalconviction

Judgment

[2008] 14 S.C.R. 219

~-.,

STATE OF U.P A
v.
RAM BALAK AND AN R.
(Criminal Appeal No.132 of 2002)
OCTOBER 3, 2008
B
[ARIJIT PASAYAT AND HARJIT SINGH BEDI, JJ.]
-i
Penal Code, 1860; Ss. 302 and 376:
Rape and murder of a minor - Trial Court convicted ac-
cused persons for committing offences punishable under c
ss.201, 302 and 376 /PC and sentenced them to death -Ac-
quittal by High Court holding that circumstances do not make
a complete chain to establish accusations - Correctness of -
Held: Correct - Though conviction can be based solely on
circumstantial evidence but it should be tested by the touch- D
stone of law relating to circumstantial evidence - Out of cir-
-r cumstances highlighted by prosecution, none is of any sig-
nificance - Evidence - Circumstantial evidence.
Evidence:
E
Extra-judicial confession - Conviction based on - Held:
Accused did not state about his involvement in committing
offence - Moreover, in his examination u/s.313 Cr.PC., no
question regarding his extra judicial confession was put to him
- It is inconceivable that a person would inform the Police af- F
i ter three days of occurrence about his purported extra-judicial
confession.
According to the prosecution, on the fateful day
when the vidim, a minor girl had gone to attend the call of
nature in an open field, respondents allegedly followed G
her and after committing r.ape on her, killed her by stran-
_J
gulation. When the victim did not return home, the family
members of the victim started searching her and found
her dead body. PW1, brother of the deceased, lodged an
219 H
r-1-
r
220 SUPREME COURT REPORTS [2008] 14 S.C.R.

A t .·
FIR. Investigating Officer utilized the services of sniffer - ~
dogs to identify the accused persons and arrested them.
Investigating Officer, after completion of investigation,
submitted charge-sheet against the accused persons for
committing the offences punishable under Ss. 201, 302
s and 376 IPC. Trial Court found accused guilty of commit-
ting the rape and murder of the deceased and inter alia
sentenced them to death. On appeal, High Court acquit- 1~
ted the accused persons as the prosecution had failed to
establish accusations against them. Hence, the appeal.
C Dismissing the appeal, the Court
HELD: 1.1 In the instant case, there is no eye wit-
ness account. The conviction of the-respondents is based
only on circumstantial evidence. (Para - 2) [225,D]
D 1.2 Where a case rests squarely on circumstantial
evidence, the inference of guilt can be justified only when
all the incriminating facts and circumstances are found
to be in~ompatible with the innocence of the accused or '
the guilt of any other person. (Para - 4) [226,C] t
E Hukam Singh v. State of Rajasthan AIR (1977) SC 1063;
Eradu and Ors. v. State of Hyderabad AIR (1956) SC 316;
Earabhadrappa v. State of Kamataka AIR (1983) SC 446;
State of UP v. Sukhbasi and Ors. AIR (1985) SC 1224;
Ba/winder Singh v. State of Punjab AIR (1987) SC 350 and
F Ashok Kumar Chatterjee v. State of M.P AIR (1989) SC 1890 \
' ~

- relied on. '
1.3 The circumstances from which an inference as
to the guilt of the accused is drawn have to be proved
G beyond reasonable doubt and have to be shown to be
closely connected with the principal fact sought to be in-
ferred from those circumstances. (Para - 4) [226,E] r----
1

Bhagat Ram v. State of Punjab AIR (1954) SC 621; C.
Chenga Reddy and Ors. v. State of A.P. (1996) 10 SCC 193;
H Padala Veera Reddy v. State of A.P and Ors. AIR (1990) SC
STATE OF U.P v. RAM BALAK 221
ANDANR.
.,_ ·\"
, 79 and State of UP v. Ashok Kumar Srivastava, (1992) Crl.LJ A
1104 - referred to.
"Wills' Circumstantial Evidence" (Chapter VI) by Sir
Alfred Wills - referred to.
1.4 There is no doubt that conviction can be based B
solely on circumstantial evidence but it should be tested
-{ by the touch-stone of law relating to circumstantial evi-
dence. (Para - 9) [228,D]
1.5 Out of the circumstances, as highlighted, really
none is of any significance. (Para - 16) [230,G] c
Hanumant Govind Nargundkar and Anr. v. State of
Madhya Pradesh, AIR (1952) SC 343; Sharad Birdhichand
Sarda v. State of Maharashtra, AIR (1984) SC 1622 ; State of
Rajasthan v. Rajaram (2003) 8 SCC 180; State of Haryana v.
D
Jagbir Singh & Anr. (2003) 11 SCC 261; State of UP v. Satish
-f (2005) 3 SCC 114; Ramreddy Rajesh Khanna Reddy v. State
of A.P (2006) 10 SCC 172 and Jaswant Gir v. State of Punjab
(2005) 12 sec 438 - relied on.
2.1 On a reading of the evidence of CW-1 it is noticed E
that accused, respondent No.1, did not say a word about
his own involvement. On the contrary he said that he did
not do anything and made some statements about the
alleged act of co-accused. Additionally, in his examina-
_, tion under Section 313 of Code, no question was put to F
I
'! him regarding his so called extra judicial confession. To
add to the vulnerability, his statement is to the effect that
after about 11 days of the incident the extra judicial con-
fession was made. Strangely he stated that he told the
police after three days of the incident about the extra ju-
G
dicial confession. It is inconceivable that a person would
---\
tell the police after three days of the incident about the
purported extra judicial confession which according to
the witness himself was made after eleven days. (Para -
16) [230,G-H; 231,A-B]
H
222 SUPREME COURT REPORTS [2008] 14 S.C.R.
"
'

A 2.2 In Abdul Razak Murtaza Dafadar v. State of · f-'
Maharashtra, though the conviction was upheld by this ...•
Court, but that was done after excluding the evidence of "
Dog Squad. The Court found that the rest of the prosecu-
tion evidence proved the charges for which the appellants
B therein had been convicted. (Para - 19) [233,E-F]
Abdul Razak Murtaza Dafadar v. State of Maharashtra
'\--·
AIR (1970) SC 283 - referred to.
CASE LAW REFERENCE
C, AIR (1977) SC 1063 relied on Para - 4
AIR (1956) SC 316 relied on Para - 4
AIR (1983) SC 446 relied on Para - 4
AIR (1985) SC 1224 relied on Para - 4
D AIR (1987) SC 350 relied on Para - 4
AIR (1989) SC 1890 relied on Para - 4 "\-
AIR (1954) SC 621 referred to Para - 4
(1996) 10 sec 193 referred to Para - 5
E
AIR (1990) SC 79 referred to Para - 6
(1992) Crl.LJ 1104 referred to Para - 7
'
AIR (1952) SC 343 relied on Para - 10
AIR (1984) SC 1622 relied on Para - 11
F
(2003) 8 sec 1so relied on Para - 12 'c
(2003) 11 sec 261 relied on Para - 12
(2005) 3 sec 114 relied on Para - 13
G (2006) 1o sec 112 relied on Para - 14
(2005) 12 sec 438 relied on Para - 15
. AIR (1970) SC 283 referred to Para - 18
~
..
CRIMINALAPPELLATEJURISDICTION : Criminal Appeal
H No. 132 of 2002
STATE OF U.P v. RAM BALAK 223
ANDANR.
--\
From the final Judgment and Order dated 1.8.2000 of the A
High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
in Criminal Appeal No. 243 of 2000
R.K. Dash, Manoj Kumar Dwivedi and Gunnam
Venkateswara Rao for the Appellant.
B
K. Rajeev and Sadri Prasad Singh for the Respondents.
~
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. The State of U.P. is in appeal
questioning the correctness of judgment of a Division Bench of c
_the Allahabad High Court which directed acquittal of the respon-
dents. The learned 5th Additional Sessions Judge found the re-
spondents guilty of offence punishable under Sections 376, 302
and 201 of the Indian Penal Code, 1860 (in short the 'IPC').
Each was sentenced to death for the offence relatable to Sec- D
tion 302 IPC, life imprisonment for the offence relatable to Sec-
__, tion 376 IPC and 7 years for the offence relatable to Section
201 IPC. The appellants preferred appeal before the High Court
and a reference was made by the Trial Court under Section
366 of the Code of Criminal Procedure, 1973 (in short the
'Code') for confirmation of the death sentence. The High Court E
by the impugned judgment found that the accusations have not
been established by the prosecution and therefore directed
acquittal. Capital reference was rejected.
-)
2. The prosecution version as unfolded during trial is as F
' follows:
According to prosecution, murder and rape was commit-
ted by the respondents on 17-11-1992 at about 7.00 A.M. in the
morning when Kumari Suneeta, the deceased victim aged about
14 years had gone to ease herself in the nearby open field in G
, ~'"-' village Jamal Nagar Police Station Safipur District Unnao. When
on 17-11-1992 at about 7.00A.M. Kumari Suneeta had gone to
attend the call of nature in the nearby open field, both the ac-
cused followed her and after catching hold of her committed
rape upon her and thereafter killed her by strangulation. They H
224 SUPREME COURT REPORTS [2008] 14 S.C.R.

-r--.
A thereafter concealed the dead body of Kumari Suneeta by
throwing it in the nearby Patawar. When she did not return back ,,.._
to her home, the family members of Kumari Suneeta started
searching for her and ultimately at about 2.00 p.m. the dead
body of the Kumari Suneeta was found in the Patawar. After
B recovery of the dead body of Kumari Suneeta, Radhey Lal
(PW.1 ), brother of the deceased lodged a report about the inci-
dent at Police Station Safipur District Unnao at 3.45 P.M. on the ~
I
same day. The distance of Police Station is 6 miles from the
place of the incident. Sheo Harsh Tewari (C.W.2), Sub lnspec-
tor was present at the Police Station at the time when the report
c was lodged, therefore, he immediately proceeded to the place
of the incident and reached there in the evening. He prepared
inquest report at about 4.30 P.M. and other relevant papers Ext.
Ka. 6 to Ka. 10 and sent the dead body to Mortuary for post-
mortem examination. The Investigating Officer thereafter pre-
D pared Site-plan Ext. Ka.14 and recovered bali, Lutia, Chappa!,
Chaddhi etc. from the place of the ~ncident. The investigating ,....,
Officer also recovered Salwar and Frock which were found to
be wq:ipped on the neck of the deceased. It is further said that
thereafter the Investigating Officer called the Dog Squad and
E on the request of the Investigating Officer, Dog Squad reached
there on 18-11-1992 at about 12.45 p.m. It is said that the dogs
after smelling the foot-print of the accused from the place of the
incident reached the house of Shiv Balak. On 2.12.1992, the
Investigating Officer arrested Ram Balak and recovered one
F lutia of Shiv Balak from the place of the incident on the pointing
out of accused Ram Balak. Shiv Balak subsequently surren- \
der~d in Court. The autopsy on the dead body of the deceased
was conducted on 18-11-1992 by Dr. Satya Prakash, Medical
I
Officer District Hospital, Unnao. Ram Balak accused after the
incident visited the house of.lqbalAhmad (CW-1) and confessed
I
I

G
his guilt. After completing the investigation the Investigating Of-
)-....~
\ I
ficer submitted charge-sheet against the accused persons. '

Since the accused persons pleaded innocence trial was
held. Seven witnesses were examined by the prosecution to
'
H · prove the version which rested on circumstantial evidence.
STATE OF U.P v. RAM BALAK 225
AND ANR. [DR ARIJIT PASAYAT, J.]
. \
The learned Trial Judge after scrutinizing the evidence on A
record came to the conclusion that the prosecution has suc-
cessfully proved the guilt of the accused beyond reasonable
doubt and therefore he convicted and sentenced the respon-
dents as mentioned above.
The respondents feeling aggrieved from the judgment and 8
order passed by the trial Court, filed the Criminal Appeal be-
~
fore the High Court challenging their conviction and sentence
as aforesaid.
The stand before the High Court was that there is no evi- c
dence at all against the present respondents and the learned
Court below committed an error in holding that the prosecution
by means of circumstantial evidence has proved the guilt of the
respondents beyond doubt.
In the instant case there is no eye witness account. The D
conviction of the respondents is based only on circumstantial
evidence. The learned Trial Judge while convicting the respon-
dents relied upon five circumstances, namely, (i) the motive
behind the crime was teasing of the deceased by the accused
persons and thereafter they were scolded by the deceased, (ii) E
the accused persons were seen on the date and time of the
incident near the place of the incident which led to their involve-
ment, (iii) the police Dog Squad proved the guilt of the accused
persons, (iv) the witnesses had no reason to implicate the ac-
_, cused persons falsely and (v) there is no missing link in the pros- F
/ ecution story.
The High Court held that the circumstances do not make a
complete chain of circumstances. There was no evidence to
show that the accused were last seen in the company of the
deceased. Merely because they were seen near the place of G
incidence, that cannot be a ground to show their involvement.
The High Court noted that though there was some reference to
the alleged extra judicial confession before CW-1 by the ac-
cused Ram Bali, the said confessional statement was not con-
fronted to the accused while the statement of accused Ram H
226 SUPREME COURT REPORTS [2008] 14 S.C.R.

1-~
A Balak was recorded under Section 313 of the Code of the Crimi- r

nal Procedure, 1973 (in short 'the Code'). The High Court also '
found that the evidence of this witness was not believable. Ac-
cordingly, the High Court directed acquittal.
3. In support of the appeal, learned counsel for the appel-
B lant submitted that there is a complete chain of circumstances
and therefore the High Court ought to have upheld the convic- )..---
I
tion as recorded by the trial Court.
4. It has been consistently laid down by this Court that
c where a case rests squarely on circumstantial evidence, the
inference of guilt can be justified only when all the incriminating
facts and circumstances are found to be incompatible with the
innocence of the accused or the guilt of any other person. (See
Hukam Singh v. State of Rajasthan AIR (1977 SC 1063); Eradu
and Ors. v. State of Hyderabad (AIR 1956 SC 316);
D
Earabhadrappa v. State of Kamataka (AIR 1983 SC 446); State
\-
of UP v. Sukhbasi and Ors. (AIR 1985 SC 1224); Ba/winder . ·r----
Singh v. State of Punjab (AIR 1987 SC 350); Ashok Kumar
Chatterjee v. State of MP (AIR 1989 SC 1890). The circum-
stances from which an inference as to the guilt of the accused
E is drawn have to be proved beyond reasonable doubt and have
to be shown to be closely connected with the principal fact
sought to be inferred from those circumstances. In Bhagat Ram
v. State of Punjab (AIR 1954 SC 621), it was laid down that
where the case depends upon the conclusion drawn from cir- 1--
F cumstances the cumulative effect of the circumstances must be
such as to negative the innocence of the accused and bring the
\-
offences home beyond any reasonable doubt.

G
5. We may also make a reference to a decision of this
Court in C. Chenga Reddy and Ors. v. State of A.P (1996) 10
sec 193, wherein it has been observed thus:
r-.~
( . '

"In a case based on circumstantial evidence, the settled
law is that the circumstances from which the conclusion of
guilt is drawn should be fully proved and such
H circumstances must be conclusive in nature. Moreover, all I
STATE OF U.P v. RAM BALAK 227
AND ANR. [DR ARIJIT PASAYAT, J.]
--y
the circumstances should be complete and there should A
be no gap left in the chain of evidence. Further the proved
circumstances must be consistent only with the hypothesis
of the guilt of the accused and totally inconsistent with his
innocence .... ".
6. In Padala Veera Reddy v. State of A.P and Ors. (AIR
B
1990 SC 79), it was laid down that when a case rests upon
circumstantial evidence, such evidence must satisfy the follow- .
ing tests:
"(1) the circumstances from which an inference of guilt is c
sought to be drawn, must be cogently and firmly
.' established;
(2) those circumstances should be of a definite tendency
unerringly pointing towards guilt of the accused;
D
•· (3) the circumstances, taken cumulatively should form a
--/ chain so complete that there is no escape from the
conclusion that within all human probability the crime
was committed by the accused and none else; and
(4) the circumstantial evidence in order to sustain E
conviction must be complete and incapable of
explanation of any other hypothesis than that of the
guilt of the accused and such evidence should not
only be consistent with the guilt of the accused but
--;
I should be inconsistent with his innocence. F
f
7. In State of UP v. Ashok Kumar Srivastava, (1992 Crl.LJ
1104), it was pointed out that great care must be taken in evalu-
ating circumstantial evidence and if the evidence relied on is
reasonably capable of two inferences, the one in favour of the
accused must be accepted. It was also pointed out that the cir- G
-·-~ cumstances relied upon must be found to have been fully es-
tablished and the cumulative effect of all the facts so established
must be consistent only with the hypothesis of guilt.
8. Sir Alfred Wills in his admirable book "Wills' Circum-
H
228 SUPREME COURT REPORTS [2008) 14 S.C.R.

A stantial Evidence" (Chapter VI) lays down the following rules 1--
specially to be observed in the case of circumstantial evidence:
(1) the facts alleged as the basis of any leQal inference must be
clearly proved and beyond reasonable doubt connected with
the factum probandum; (2) the burden of proof is always on the
B party who asserts the existence of any fact, which infers legal
accountability; (3) in all cases, whether of direct or circumstan-
tial evidence the best evidence must be adduced which the
nature of the case admits; (4) in order to justify the inference of
r
guilt, the inculpatory facts must be incompatible with the inno-
c cence of the accused and incapable of explanation, upon any
other reasonable hypothesis than that of his guilt, (5) if there be
any reasonable doubt of the guilt of the accused, he is entitled \L
as of right to be acquitted".
9. There is no doubt that conviction can be based solely
D on circumstantial evidence but it should be tested by the touch-
stone of law relating to circumstantial evidence laid down by ·~

the this Court as far back as in 1952. \--

10. In Hanumant Govind Nargundkar and Anr. V State of
Madhya Pradesh, (AIR 1952 SC 343), wherein it was observed
E thus:
"It is well to remember that in cases where the evidence
is of a circumstantial nature, the circumstances from which
the conclusion of guilt is to be drawn should be in the first
F instance be fully established and all the facts so
established should be consistent only with the hypothesis
·-\
of the guilt of the accused.Again, the circumstances should
be of a conclusive nature and tendency and they should
be such as to exclude every hyp.othesis but the one
proposed to be proved. In other words, there must be a
G
chain of evidence so far complete as not to leave any
r-.~
reasonable ground for a conclusion consistent with the
innocence of the accused and itmust be such as to show
that within all human probability the act must have been
done by the accused."
H
STATE OF U.P v. RAM BALAK 229
AND ANR. [DR ARIJIT PASAYAT, J.]
--)
11. A reference may be made to a later decision in Sharad A
Birdhichand Sarda v. State of Maharashtra, (AIR 1984 SC
1622). Therein, while dealing with circumstantial evidence, it
has been held that onus was on the prosecution to prove that
the chain is complete and the infirmity of lacuna in prosecution
cannot be cured by false defence or plea. The conditions pre- B
cedent in the words of this Court, before conviction could be
- 1
based on circumstantial evidence, must be fully established.
They are:
(1) the circumstances from which the conclusion of guilt
is to be drawn should be fully established. The c
circumstances concerned 'must' or 'should' and not
'may be' established;
(2) the facts so established should be consistent only
with the hypothesis of the guilt of the accused, that is
D
to say, they should not be explainable on any other
-.;
hypothesis except that the accused is guilty;
(3) the circumstances should be of a conclusive nature
and tendency;
\
(4) they should exclude every possible hypothesis except E
the one to be proved; and
(5) there must be a chain of evidence so complete as
not to leave any reasonable ground for the conclusion
7
I
consistent with the innocence of the accused and F
must show that in all human probability the act must
have been done by the accused.
12. These aspects were highlighted in State of Rajasthan
v. Rajaram (2003 (8) SCC 180), State of Haryana v. Jagbir
Singh and Anr. (2003 (11) sec 261). G
13. So far as the last seen aspect is concerned it is nec-
essary to take note of two decisions of this court. In State of
UP v. Satish [2005 (3) sec 114] it was noted as follows:
"22. The last seen theory comes into play where the time- H
230 SUPREME COURT REPORTS [2008] 14 S.C.R.

A gap between the point of time when the accused and the
deceased were seen last alive and when the deceased is
found dead is so small that possibility of any person other
than.the accused being the author .of the crime becomes
impossible. It would be difficult in some cases to positively
B establish that the deceased was last seen with the accused
when there is a long gap and possibiiity of other persons
coming in between exists. In the absence of any other
positive evidence to conclude that the accused and the
deceased were last seen together, it would be hazardous
c to co.me to a conclusion of guilt in those cases. In this
case there is positive evidence that the deceased and the
accused were seen together by witnesses PWs. 3 and 5,
in addition to the evidence of PW-2."
14. In Ramreddy Rajesh Khanna Reddy v. State of A.P
D [2006 (1 O) sec 172] it was noted as follows:
"27. The last-seen theory, furthermore, comes into play
where the time gap between the point of time when the
accused and the deceased were last seen alive and the
deceased is found dead is so small that possibility of any
E person other than the accused being the author of the
crime becomes impossible. Even in such a case the courts
should look for some corroboration".
(See also Bodhraj v. State of J&K (2002(8) SCC 45).)"
F 15. A similar view was also taken in Jaswant Gir v. State of
Punjab [2005(12) SCC 438], Factual position in the present
case is almost similar, so far as time gap is concerned.
16. Out of the circumstances highlighted above really none
G is of any significance. Learned counsel for the appellant-State
highlighted that the extra judicial confession itself was sufficient
to record the conviction. On a reading of the evidence of CW-1
it is noticed that accused Ram Balak did not a say a word about
his own involvement. On the contrary he said that he did not do
H anything and made some statements about the alleged act of
.,
..
STATE OF U.P v. RAM BALAK
AND ANR. [DR. ARIJIT PASAYAT, J.]

co-accused. Additionally, in his examination under Section 313
of Code, no question was put to him regarding his so called
231

A

extra judicial confession. To add to the vulnerability, his state-
ment is to the effect that after about 11 days of the incidence the
extra judicial confession was made. Strangely he stated that he
told the police after three days of the incidence about the extra 8
judicial confession. It is inconceivable that a person would tell
--'"t the police after three days of the incidence about the purported
extra judicial confession which according to the witness himself
was made after eleven days.
17. Learned counsel for the State submitted that there may c
be some confusion. But it is seen that not at one place, but at
different places this has been repeated by the witness.
18. Learned counsel for the appellant also refers to a judg-
ment of this Court in Abdul Razak Murtaza Dafadar v. State of
D
Maharashtra (AIR 1970 SC 283) more particularly para 11 that
.... the Dog Squad had proved the guilt of the accused persons. In
---<
this context it is relevant to take note of what has been stated in
para 11 which reads as follows:
"11. It was lastly urged on behalf of the appellant that the E
lower courts ought not to have relied upon the evidence of
dog tracking and such evidence was not admissible in
order to prove the guilt of the appellant. The evidence of
tracker dogs has been much discussed. In Canada and in
-,. Scotland it has been admitted. But in the United States F
there are conflicting decisions:
1
There have been considerable uncertainty in the
minds of the Courts as to the reliability of dogs in
identifying criminals and much conflict of opinion on
the question of the admissibility of their actions in G
evidence. A survey of the cases however, reveals
. -~ y
that most Courts in which the question of the
admissibility of evidence of trailing by blood-hounds
has been presented take the position that upon a
proper foundation being laid by proof that the dogs H

/
232 SUPREME COURT REPORTS [2008] 14 S.C.R.

A were qualified to trail human beings, and that the f- ....
circumstances surrounding the trailer were such as
to make it probable that the person trailed was the
guilty party, such evidence is admissible and may be
permitted to go to the jury for What it is worth as one
B of the circumstances which may tend to connect the
defendant with the Crime. Pare 378, Am. Ju'ris. 2nd
edn. Vol. 29, p. 429.
There are three objections which are usually advanced
against the reception of such evidence. First, since It is
c manifestthat the dog cannot go into·the box and give his
evidence on oath, and consequently submit himself to
,-
cross-examination, the dog's human comp-anion mustgo
into the box .and report the dog's evidence, and this is
clearly hearsay. Secondly, there is a feeling that in criminal
D cases the life,and liberty of a human being should not be
dependent on canine inference~. And, thirdly, it is c~

suggested that even if such evidence is strictly a.dmissible r-·
under the rules of evidence it should be excluded because
it is likely to have a dramatic impact on the jury out of
E proportion to its value. In R. v: Montgomery, 1866 NI 160
a police constable observed men stealing wire by the
side of a railway line. They ran away when he approached
them. Shortly afterwards the police got them· on a nearby r
· road. About an hour and half later the police tracker dog
F was taken to the base of the telegraph pole and when he Ir
had made a few preliminary ·sniffs he· set off and tracked
continuously until he stopped in, evident perplexity at the
t
spot where the accused had been put into the police car.
At the trial it appeared that other evidence against the
accused that they had been stealing the wire was
G
inconclusive and that the evidence of the behaviour of the
tracker dog was crucial to sustain the conviction. In these r--
c_ircumstances the Court of Criminal Appeal ruled that the
evidence of the constable who handled the dog on its
tracking and reported the dog's reactions was properly
H
STATE OF U.P v. RAM BALAK 233
AND ANR. [DR. ARIJIT PASAYAT, J.)
---\.
I admitted. The Court did not regard its evidence as a A
species of hearsay but instead the dog was described as
"a tracking instrument" and the handler was regarded as
reporting the movements of the instrument, in the same
way that a constable in traffic case might have reported
on the behaviour of his speedometer. It was argued in that s
case that the tracker dog's evidence could be likened to
the type of evidence accepted from scientific experts
describing chemical reactions, blood tests and the actions
of bacilli. The comparison does not, however, appear to·
be sound because the behaviour of chemicals, blood c
corpuscles and bacilli contains no element of conscious
volition or deliberate choice. But Dogs are intelligent
animals with many thought processes similar to the thought
processes of human beings and wherever you have
thought processes there is always the risk of error, D
deception and even self-deception. For these reasons
we are of the opinion that in the present state of scientific
knowledge evidence of dog tracking, even if admissible,
is not ordinarily of much weight."
19. It is submitted by learned counsel for the appellant that E
in the said case this Court had upheld the conviction. Though in
the said case the conviction was upheld, but that was done af-
ter excluding the evidence of Dog Squad. This Court found that
the rest of the prosecution evidence proved the charges for which
the appellants therein had been convicted. F
{ 20. Above being the position, there is no merit in this ap-
peal which is accordingly dismissed.

S.K.S. Appeal dismissed.