Supreme Court Acquits Accused in 2003 Mob Attack, Citing Doubts in Sole Eyewitness Testimony

In a significant verdict, the Supreme Court of India has acquitted the accused in a case stemming from a 2003 mob attack in Ahmedabad. The decision, delivered on September 13, 2023, was based on doubts raised regarding the reliability of the sole eyewitness testimony and a lack of corroborating evidence.

The case involved an incident on November 7, 2003, in which a large mob had gathered in the Shah Alam area of Ahmedabad. The sole eyewitness, PW-2 Gitaben, identified the appellant, accused no.6, and ascribed a specific role to him in snatching her gold chain. However, the Court raised concerns about the identification process, which occurred two years after the incident and within a large and aggressive mob.

The judgment highlighted the importance of the quality of evidence, with the Court stating, “Identification of a total of 13 accused, who were sent out for trial including the present accused-appellants, in a mob of 1000-1500 people is by no means an easy task.” The Court further noted that no test identification parade had been conducted, and the witness had not known the appellant beforehand.

The principle of parity played a crucial role in the decision, as accused nos. 2, 3, and 4 were similarly placed with accused nos. 1, 5, and 13, all convicted based on the testimony of two police constables, PW-25 and PW-26. However, a coordinate Bench of the Supreme Court had discarded the testimony of these witnesses, leading to the acquittal of accused nos. 1, 5, and 13.

In the case of accused no.2, whose special leave petition had been summarily dismissed earlier, the Court recalled its order and granted leave. The judgment emphasized that it would be a “sheer travesty of justice” to allow the accused to swing between life imprisonment and the death penalty for the same offense.

As a result of the verdict, the appellant, accused no.6, was acquitted, and bail bonds were canceled. Accused nos. 3 and 4 were also acquitted and were to be set at liberty unless detained in connection with other cases. Accused no.2, whose case was deemed identical to the acquitted accused, was acquitted, granted leave, and was set to be released unless detained for other offenses.

The decision underscores the need for caution and the importance of the quality of evidence in criminal trials, especially when the liberty of individuals is at stake.

Date of Decision: September 13, 2023

Javed Shaukat Ali Qureshi  vs State of Gujarat