Electricity Act 2003 | Section 56(2) Does Not Preclude Licensee From Raising Supplementary Demand After Two Years; Only Restricts Right To Disconnect: Supreme Court Dissolution Of Partnership At Will | Outgoing Partner Entitled To Market Value Of Assets As On Date Of Distribution, Not Date Of Dissolution: Supreme Court SEBI | Release Of Escrow Under Buyback Regulations Does Not Preclude Independent Inquiry Into Fraud Under PFUTP Regulations: Supreme Court Promotion Based On Merit Does Not Wipe Out Past Adverse Records But Must Be Balanced In FR 56(j) Compulsory Retirement: Supreme Court Appellate Court Can Convict For Offence Even If Charge Not Framed By Trial Court Under Section 464 CrPC: Supreme Court Extradition | Sovereign Assurance Does Not Override Judicial Sentencing; Cannot Be Used To Artificially Accelerate Sentence Completion: Supreme Court Article 21 | State Has A Positive Duty To Protect Public Health By Implementing Front-Of-Package Labelling Regulations: Supreme Court Revenue Entries Are Not Documents Of Title, Cannot Replace Substantive Evidence In Property Disputes: Supreme Court Long Possession Without Hostile Animus Does Not Amount To Adverse Possession: Supreme Court Administrative Discretion Must Comply With Article 14; Subsequent Executive Decisions Cannot Retroactively Cure Failure Of Timely Performance: Supreme Court Municipal Corporation Cannot Unilaterally Downgrade Market Value Of Land Acquired For Road Widening To Deny TDR Certificates: Andhra Pradesh High Court Execution Of Agreement To Sell Does Not Automatically Terminate Existing Tenancy: Allahabad High Court Writ Jurisdiction Not Maintainable When Title To Property Is Under A Cloud And Subject Matter Of Disputed Facts: Andhra Pradesh High Court Amendment Of Plaint Seeking Impleadment Of Third Parties And Addition Of Time-Barred Claims In A Partition Suit Cannot Be Permitted: Bombay High Court Reassessment Order Does Not Result In Merger Of Original Assessment Order If Issues Are Distinct: Andhra Pradesh High Court GST Assessment Order Uploaded Only Under 'Additional Notices' Tab Without Separate Intimation Violates Principles Of Natural Justice: Calcutta High Court 'Prolonged Inaction' Cannot Be Rewarded: Delhi High Court Upholds CESTAT Refusal To Condone 968-Day Delay In Filing Customs Appeal Probate No Longer Mandatory To Establish Rights Under A Will Following 2025 Amendment To Indian Succession Act: J&K High Court Review Jurisdiction Cannot Be Used To Introduce New Factual Foundations Or Reopen Concluded Arbitral Awards: Karnataka High Court High Court Cannot Invoke Article 227 To Strike Off Plaint When Statutory Remedy Under Order VII Rule 11 CPC Is Available: Madras High Court Section 58 BNSS | Detention Beyond 24 Hours Without Magistrate’s Authority Vitiates Arrest And Subsequent Remand: Orissa High Court Arbitrator Is The Sole Judge Of Quality And Quantity Of Evidence, Court Cannot Act As Court Of Appeal: Punjab & Haryana High Court Section 5 Limitation Act | Court Cannot Condone Delay In A Mechanical Manner Without Ascertaining Bona Fides Of The Applicant: Calcutta High Court High Court Cannot Quash FIR Under Section 482 CrPC By Conducting Mini-Trial On Merits: Punjab & Haryana High Court Taxation Law | Mere Assertion Of Natural Justice Violation On Disputed Facts Won't Bypass Statutory Appeal: Delhi High Court

Supreme Court overturns murder conviction for lack of evidence and witness inconsistencies.

07 May 2024 8:19 AM

By: Admin


Supreme Court observed in the recent Judgement (JABIR & ORS. Vs THE STATE OF UTTARAKHAND D.D 17Jan 2023 ) that Criminal jurisprudence requires the prosecution to prove each circumstance beyond reasonable doubt in circumstantial evidence cases. The prosecution must prove a chain of circumstances that lead to the conclusion that the crime was committed by the accused, to the exclusion of all other possibilities.

Brief facts - Haseen, a 7-year-old, went missing on 08.10.1999 and his dead body was found two days later in a sugarcane field in a different village.The father of the deceased (PW-1) filed a report under Section 156(3) Cr. PC on 19.11.1999, and an FIR was recorded on 21.11.1999. PW-1 stated that he had witnessed some individuals taking his son into their house.

After investigations, the police filed a final report alleging that the accused were guilty and charged them with offences. The prosecution relied on the testimony of 12 witnesses while the defence did not examine any witness.

The appellants were convicted under Sections 302 of IPC and sentenced to life imprisonment as well as 7 years under Section 364, IPC and imprisonment for 5 years under Section 201, IPC. Their conviction and sentence was upheld by the Uttarakhand High Court.

Appellants Contention - Aggrieved appellants approached the Supreme Court and argued that the conviction and sentence imposed in the case is unsustainable due to the delay in filing the FIR and lack of explanation for the delay. Discrepancy in the testimonies of witnesses is pointed out, particularly regarding the timing of voicing suspicion about the accused. Prosecution witnesses are deemed untrustworthy as they were added as after thoughts and were introduced to implicate the first two appellants. Witnesses PW-4 and PW-5 are considered unreliable as their police statements were recorded much after the incident. The "last seen" theory is argued to be an afterthought and concocted, with witnesses keeping silent for 2 days before informing the deceased's father. The prosecution witnesses are all from the same family and have a motive to falsely implicate the appellants as the father of the appellants had lodged an FIR against PW-2, Phurkan and Shamshad in 1996.The deposition of PW-7 Mansab contradicts the prosecution's version as he states that Munfaid, Sayeed, and Murad Ali were present at the time of inquest and would have disclosed the deceased's presence with the accused if they saw it. This discredits the prosecution's version and calls into question the credibility of the witnesses.

Supreme Court observed that the concurrent conviction of the three appellants is based solely on the "last seen" theory, there are discrepancies and unnatural behaviors in the testimonies of PW-4 and PW-5, which render their testimonies unreliable. The delay in recording the FIR, which is 42 days, is also an issue.

Criminal jurisprudence requires the prosecution to prove each circumstance beyond reasonable doubt in circumstantial evidence cases. The prosecution must prove a chain of circumstances that lead to the conclusion that the crime was committed by the accused, to the exclusion of all other possibilities.

The five golden principles of proof in a case based on circumstantial evidence are:

  1. All circumstances must be fully established.
  2. The facts must be consistent only with the guilt of the accused.
  3. The circumstances must be conclusive in nature.
  4. The circumstances must exclude every other possibility except guilt.
  5. The chain of evidence must be complete and leave no room for innocence.

The court must adhere to these principles in order to arrive at a sound conviction.

Supreme Court held that the prosecution has failed to prove its case due to serious flaws in the testimonies of the witnesses, lack of evidence connecting the accused to the crime, and unnatural conduct of witnesses. The "last seen" doctrine has limited application and cannot be used as the sole basis for conviction. The case relies heavily on the "last seen" theory and there is no other evidence to support the conviction of the accused appellants.

Further held that there are serious inconsistencies in the depositions of the witnesses and the FIR was lodged almost 6 weeks after the incident. The time gap between the deceased being seen with the accused and the probable time of death is not narrow. Relying solely on the "last seen" circumstance to convict the accused appellants is not justified.

Appeal Allowed. Conviction Set aside.

JABIR & ORS. VS THE STATE OF UTTARAKHAND

Latest Legal News