Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

Unreliable Testimony and Forensic Gaps Undermine Prosecution: Allahabad High Court Acquits Accused in 1989 Murder Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Allahabad High Court has overturned the convictions of several individuals in a high-profile 1989 murder case from Uttar Pradesh, citing unreliable eyewitness testimony and substantial gaps in forensic evidence. The bench, comprising Justices Arvind Singh Sangwan and Ram Manohar Narayan Mishra, highlighted that the prosecution's case was fundamentally flawed due to inconsistencies and lack of corroboration.

Background: The case centers on the murder of Devendra Prakash Gaur, an Inspector in the Uttar Pradesh Police, on October 9, 1989. According to the prosecution, Gaur was traveling with his brother (PW-1), father, and Mahendra Kumar Kaushik when their car was ambushed by the accused, resulting in Gaur's death. The trial court had convicted the appellants under various sections of the Indian Penal Code, including murder (302/149 IPC), rioting (147, 148 IPC), and robbery (392 IPC). However, the High Court's review raised serious concerns about the reliability of the evidence presented.

Eyewitness Reliability: The court critically examined the testimony of the sole eyewitness, PW-1, who was also the brother of the deceased. "The testimony of PW-1, who had changed his account multiple times, lacks credibility. The witness initially implicated one Mahendra Kumar Kaushik as a key conspirator only to later retract and accuse others," the bench observed. The court noted that the trial court had acquitted Mahendra Kumar Kaushik due to these inconsistencies, but had failed to apply the same scrutiny to the other accused.

Forensic Evidence: The High Court emphasized the prosecution's failure to present compelling forensic evidence. "The absence of ballistic reports, the destruction of critical case property, and the lack of forensic corroboration severely weaken the prosecution's narrative," the judgment stated. The court underscored that crucial items such as the alleged murder weapon and the car used in the crime were not properly examined or presented in court.

Legal Reasoning: Delving into the principles of evaluating evidence, the court reiterated the necessity of credible and corroborative evidence in criminal convictions. "A conviction cannot rest solely on the testimony of a witness whose credibility is in serious doubt, especially when the supporting forensic evidence is either non-existent or inconclusive," the judgment read. The court also noted that the prosecution failed to establish a clear motive, which is often a crucial component in criminal cases.

Justice Arvind Singh Sangwan remarked, "The presence of inconsistencies in the eyewitness's testimony and the lack of supporting forensic evidence create a significant doubt about the prosecution's case, which must benefit the accused."

Conclusion: The Allahabad High Court's decision to acquit the accused underscores the judiciary's commitment to ensuring convictions are based on reliable and corroborative evidence. This landmark ruling not only highlights the importance of witness credibility and forensic evidence but also sets a precedent for future cases, reinforcing the need for thorough and unbiased investigations.

Date of Decision: 30th May 2024

Chandrapal and Others vs. State of U.P.

 

Latest Legal News