Cr.P.C | High Court Upholds Acquittal of Accused in 1998 Murder - False Identity and Flawed Testimony

In a significant ruling, the Delhi High Court today acquitted all the accused in a two-decade-old murder case, stating that the prosecution had relied on "false identity and flawed testimony."

The case dated back to June 16, 1998, where Tek Chand and his brothers were attacked by multiple individuals, resulting in three deaths. Tek Chand filed the case against Ashok Yadav, Shobha Ram, Yogesh, Rakesh, and Rukamesh, accusing them of various offenses under the Indian Penal Code.

Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, in their judgment, noted, "For the aforesaid reasons, the benefit of doubt was given to the accused persons who were acquitted."

Key Points in the Judgment:

The court pointed out several lapses in the prosecution's case, most notably the failure to establish the true identity of the accused. The defense was able to show that three of the accused were in jail at the time of the incident, effectively providing an alibi. "This fact reflects that the Respondent witnesses have deposed falsely with regard to the accused persons," the judgment observed.

Another significant point in the ruling was the court's observation on the prosecution's reliance on oral testimony. "In the absence of any such evidence, the entire case of the prosecution rests on the oral testimony of PW-1 and PW-5," the court stated, making it clear that the prosecution failed to present substantial evidence to convict the accused.

Aggrieved by the acquittal, the State preferred leave to appeal against the judgment. However, the court noted that the case against the accused was not strong enough and hence upheld the acquittal.

The judgment has stirred conversations around the importance of diligent prosecution and has also raised questions about how cases of such gravity can rely solely on oral testimony without substantial evidence.

Date of Decision: August 22, 2023

 TEK CHAND vs  STATE OF U P & ORS.      

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