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7/24/2019 Lakshmi Srinivasan 37 BALLB JMC
1/23
SVKMs NMIMS
School of Law, Mumbai
A Project Submitted
On
THE TRIAL OF PRIYAARSHINI MATTOO !ASE" AN ANALYSIS
In compliance with partial fulfillment of the marking scheme,
for Trimester IV of 2!"#2!$, in the subject of
#O$RNALISM AN MASS !OMM$NI!ATION % I
Submitted
To
%acult&' P&of' #o(a)*o Mu+h&-
Submitted b&'
Ms' La+shmi S&i)i.asa)
(oll no) *+
ourse' /'A', L'L'/ 0Ho)s'1
On !*thSeptember, 2!", !)*pm
!
7/24/2019 Lakshmi Srinivasan 37 BALLB JMC
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Tabl of !o)*)*s
-o Topic Page -o)Abbre.iations *
ases referred "
Statutes (eferred $
(esearch /ethodolog& 0#+
hapter ! Introduction 1#
hapter 2 %acts of the case !#!!
hapter * Anal&sis of the case !2#!0
hapter " (ole of /edia !+#!1
hapter $ onclusion !#23ibliograph& 2!
2
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A//REVIATIONS
!) IPS 4 Indian Police Ser.ice
2) 553 # 5egum 3accalaureus 63achelor of 5aws7*) 3 om # 3achelor of ommerce
") / om 4 /asters of ommerce
$) r)P 4 riminal Procedure ode0) IP 4 Indian Penal ode
+) 8-A 4 8eo9&ribose -ucleic Acid
1) /3 4 entre for ellular and /olecular 3iolog&
) 3I 4 entral 3ureau of In.estigation!) .s) 4 Versus
!!) S 4 Supreme ourt
!2) AI( 4 All India (eporter!*) ri5: 4 riminal 5aw :ournal
!ASES REFERRE
*
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"
Serial number ase name and citation
! S);) Singh .s) State through 3I
Criminal Appeal No. 87 of 2007
2 State 6Through 3I7 .s Santosh ;umar
Singh 2+ ri5: 0" 6
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STAT$TES REFERRE
Serial no) -ame of the Statute
A) The onstitution of India, !$
3) Indian Penal ode, !10
) The riminal Procedure ode, !+*
$
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RESEAR!H METHOOLO2Y
A) (>5>VA-> O% T ST?8@'
Pri&adarshini /attoo case became a subject of hue and cr& and media bu== gi.en the
audacit& of the crime and the failure of the police) It highlighted the falling law and order
situation in 8elhi and the conseuences of political pressure) It set an e9ample of how the
media can work as an important force to ignite the minds of the people and unite them in
case of injustice) It also set an e9ample of the pressure on the judiciar& due to media
interference)
3) O3:>TIV> O% T ST?8@'
The following are the objecti.es of the stud&'
To ha.e an understanding of the Indian statutes)
To understand the case and its judgment in a detailed manner)
To prepare a case stud& on this case)
To understand the role of media in this case)
To know the drawbacks of the Indian /edia)
) (>S>A(< B?>STIO-S'
The following are the uestions on which this research is based'
Chat is the case aboutD
Chat was the incidentD
Chat is the chronolog& of the e.ents that led to this incidentD
Chat was the judgmentD
Cas the :udiciar& justified in its standD
Chat were its contro.ersiesD
Chat is the role of the mediaD
8)
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The main focus of this stud& would be to know and understand the legal and popular
perspecti.e of this case) Also the prime focus would be anal&sis of this case in its facts
and the judgment)
>) 5I/ITATIO- O% T ST?8@'
The following are the limitations to this research'
The stud& is doctrinal and is based on secondar& research)
The research is limited to books and internet)
Primar& research was not possible due to the time constraint to gather the
subject matter)
+
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INTRO$!TION
EThough I know that he is the man who committed the crime, I acuit him and gi.e him the
benefit of doubtF) These infamous words b& Additional Sessions :udge G)P) Thareja shocked
e.er& person who was confident that the accused in the case would be found guilt& as there was
enough e.idence against him) This case is the Pri&adarshini /attoo trial that took place in !
and took ! &ears to be rectified 6the Supreme ourt ga.e its decision in 2!7)
In India, there ha.e been man& cases which make the people understand the condition of law
enforcement in our countr&) The Pri&adarshini /attoo case was one such case) It made the
people reali=e the deplorable state of our criminal justice s&stem) Apart from that, it also made us
reali=e the role pla&ed b& the media to enforce justice in a democrac&)
This case also made us reali=e that mone& and influence speaks better than e.idence) Santosh
;umar Singh is the son of %ormer Senior IPS Officer :)P) Singh) The acuittal of the accused b&
the Trial court and gi.ing him a benefit of doubt in spite of enough e.idence against him pro.es
the fact that indeed influence can den& justice)
%reedom of press is reuired for a democrac& to function) Cith reference to this case, the media
was instrumental in bringing the accused to book) nforcement of laws is ensured b& the :udiciar&) It also safeguards our
fundamental rights)
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FA!TS OF THE !ASE
Pri&adarshini /attoo was a 2$ &ear old student stud&ing at ampus 5aw entre pursuing an
553 degree under the 8elhi ?ni.ersit&) She was found raped and murdered at her house in -ew
8elhi on 2* :anuar&, !0)
Pri&adarshini was born in Srinagar and finished her schooling there) After her schooling was
completed, her famil& mo.ed to :ammu) She pursued a 3 om degree at :ammu after which she
joined the 553 ourse under the 8elhi ?ni.ersit&)
The accused Santosh ;umar Singh was also a student of 553 at ampus 5aw entre, %acult& of
law, 8elhi ?ni.ersit&)
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the charges le.ied against her) She reiterated harassment b& the accused for the past one and a
half &ears from then)
On the da& of the murder, the deceased was alone at her residence at Vasant ;unj) The accused
came at her house)
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ANALYSIS OF THE CASE
There was a major hurdle in the case faced b& the prosecution' shodd& in.estigation and
tampering of e.idence) (ape was pro.ed b& the 8-A tests) There were se.eral points of
e.idence in fa.our of the prosecution in the case) %or e9ample, The broken .isor of the helmet of
Santosh and fracture in his hand besides the ! injuries on /attooFs bod& was in fa.our of the
prosecutionH so also the se.eral complaints b& /attoo to the police established moti.e and e&e
witness accounts pro.ed that Santosh was seen outside /attooFs house minutes before the
murder)!
Apart from this, the accused was also seen outside ampus 5aw entre on the da& of the
incident) The Trial :udge had also arri.ed at a categorical conclusion that on 2* :anuar&, !0 in
the e.ening at about ")$ p)m) the accused was seen standing outside the flat of the deceased b&
her immediate neighbor ;uppuswam&) Vikas Sharma was the witness who had sold some plastic
containers on the da& of incident to the deceased around ")2 p)m) just before the accused was
noticed outside the flat of the deceased which showed that the deceased was in her flat around
that time) It had been found to be so b& the Trial ourt) :aideep Singh Ahluwalia, the Securit&
Super.isor had also seen the accused at about $)* p)m) near the residence of the deceased) The
accused was also noticed b& O)P) Singh, Ad.ocate, on his bullet motor c&cle getting out of the
parking area of 3#!, Vasant ;unj and proceeding towards Vasant ;unj area around $)* p)m)
There was no material on record to establish that the witnesses had an& per.erse intention so as
to ad.ance the case of the prosecution in an& wa& b& resorting to tampering)2
It had also been pro.en that the accused possessed a helmet with a .isor and later on with the
in.estigations, it was found that the accused had hit the deceased with the helmet ! times) There
were parts of the .isor that contained some blood stains) There was enough e.idence to nail the
accused and no scope for his acuittal)
! http'www)legalser.icesindia)comarticlearticlecase#comment#on#pri&adarshini#matoo#case#
0""#!)html $th September, 2!" $)!+pm
2 http'indiatoda&)intoda&)instor&pri&adarshini#mattoo#case#santosh#singh#acuittal#e9poses#
manipulation#bpolice#cbi!2$$!2)html $th September, 2!" $)!1pm
!2
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There was a medical e9amination conducted of the accused)
7/24/2019 Lakshmi Srinivasan 37 BALLB JMC
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The Trial ourt came down hea.il& on the role of entre for ellular and /olecular 3iolog&
6/37,
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After a gap of se.en &ears, due to popular pressure and deli.er& of justice, this case was
reopened in the 8elhi
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:ustice ()S) Sodhi of the 8elhi
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After an e9amination, it was obser.ed that the murder took place in horrible circumstances) The
accused had mercilessl& strangulated Pri&adarshini with the heat con.ector wire)
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This case highlights the helplessness of the judiciar& and the dela&ed justice) Chen the accused
was tried in the sessionFs court, the trial was bogged down b& crooked in.estigation probe and
unreliable e.idence) The main witnesses were not e9amined) So, the judgment gi.en in the
sessionFs court ma& be justified due to lack of e.idence)
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ROLE OF MEIA
/edia is one of the pillars of democrac&) One of the main functions of the media is to influence
public opinion) It is capable to change the whole .iew of the people at large) The media pla&s an
important role in bringing the accused to justice) The media is one of the important institutions of
the societ& which has the power to penetrate through the power houses in the societ& and ensure
that justice is meted out)
?nder Article !6!76a7 of the onstitution of India!", e.er& citi=en in India is granted the freedom
of speech and e9pression) This right also includes the freedom of Press, as interpreted b& the
Supreme ourt in the >9press -ewspapers .s) ?nion of India)!$%reedom of press guarantees the
freedom of the people to be updated about the happenings in the countr& and around the world)
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5et us relate this concept to the Pri&adarshini /attoo case) Chen the case was tried in the
SessionFs court, the court acuitted Santosh ;umar Singh and ga.e him the benefit of doubt)
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!ON!L$SION
The Indian ourts are .er& powerful with .irtuall& no accountabilit&) 3ut the& do ha.e a
tendenc& to go wrong) Sometimes the judges ma& adopt a certain bias towards one part& instead
of being neutral)
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Thus this case e9plains us the impro.ements reuired in the Indian 5egal S&stem and the
regulation of press) The objecti.es of this stud& were fulfilled and all the research uestions were
answered)
22
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/I/LIO2RAPHY
/oo+s &f&&3"
(atanlal and 8hirajlal, The ode of riminal Procedure, 2th
edition The onstitution of India # P)/)3akshi, ?ni.ersal 5aw Publishers
A&*icls &f&&3"
rooked Prosecution, conomic and Political Ceekl&, 68ec) !!#
!+, !7
TA8A' conomic and Political Ceekl&, 6/ar) 2$#*!, 27
Of riminals, /art&rs and Innocents, Sumanta 3anerjee, >conomic and Political
Ceekl&, 68ec) !0#22, 207
4bsi*s &f&&3"
www)jstor)org
www)manupatra)com
www)indiankanoon)org
www)legalser.icesindia)com
www)ndt.)com
www)timesofindia)indiatimes)com
www)indiane9press)com
www)thehindu)com
www)nchro)org
indiatoda&)intoda&)in
the.iewspaper)net
www)might&laws)in
www)westlawindia)com
www)rajdeepandjo&eeta)com
www)tribuneindia)com
2*