Suspicion, May Be Of Higher Degree, Cannot Take Place Of Proof” – High Court Dismisses Appeal Against Acquittal In Murder Case

The Himachal Pradesh High Court on Friday dismissed a criminal appeal by the State against the acquittal of Prem Raj alias I.D., who had been previously cleared of murder charges by the Sessions Court. The Bench comprising Justice Vivek Singh Thakur and Justice Virender Singh held that the prosecution failed to prove the charges beyond reasonable doubt.

The appeal stemmed from a 2011 acquittal in a murder case where the respondent was accused under Section 302 of the Indian Penal Code. The prosecution alleged that Prem Raj had pushed the deceased, Sanjay, from a cliff after a physical altercation, resulting in Sanjay’s death.

The case hinged on the reliability of witness testimonies and the coherence of the prosecution narrative. Key issues included the credibility of eyewitnesses, the forensic evidence presented, and procedural adherence during the investigation.

The court noted significant discrepancies in witness accounts and found their testimonies lacked consistency. For instance, witnesses provided conflicting statements regarding the events leading up to the alleged crime.

The forensic analysis did not conclusively link the respondent to the crime scene with definitive evidence. Moreover, the prosecution was unable to present a coherent sequence of events that aligned with the physical evidence collected.

The court criticized the handling of the investigation, highlighting procedural lapses that compromised the integrity of the evidence.

Emphasizing a foundational principle of criminal law, the bench stated, “It is apparent from the above discussion that suspicion, may be of higher degree, cannot take place of proof of commission of offence.” The court maintained that the benefit of doubt must be extended to the accused in the absence of conclusive evidence.

Decision: The High Court concluded that the state failed to meet the threshold of proof required for a conviction in a criminal case. As a result, the appeal was dismissed, upholding the Sessions Court’s decision to acquit Prem Raj.

Date of Decision :  April 20, 2024

State of H.P. vs. Prem Raj @ I.D.