Unreliable Witnesses and Lack of DNA Evidence: High Court Overturns Conviction in Niece’s Rape and Murder Case

Presence of the appellant at the crime scene not proven beyond reasonable doubt,” observes Calcutta High Court.

The Calcutta High Court has overturned the conviction of Banamali Choudhury in the sensational rape and murder case of his niece, citing unreliable witness testimonies, investigative deficiencies, and the failure to collect and analyze crucial DNA evidence. The decision, delivered by a bench comprising Justices Joymalya Bagchi and Gaurang Kanth, emphasized that the prosecution failed to conclusively link Choudhury to the crime beyond reasonable doubt.

The court expressed significant concerns over the reliability of key witnesses, notably the victim’s younger sister (P.W. 4) and the maid servant (P.W. 3), both of whom turned hostile. Justice Joymalya Bagchi remarked, “P.W. 4’s evasive answers and complete denial of basic facts render her an untruthful witness. P.W. 3’s retraction of her earlier statements under alleged police coercion further undermines the prosecution’s case.”

Addressing the prosecution’s failure to obtain DNA evidence, the court examined the implications of the appellant’s refusal to provide semen and pubic hair samples. “The investigating agency had ample statutory powers to compel the appellant to provide samples, yet failed to do so,” noted the judgment. Without proper collection and preservation of DNA evidence, the court found it inappropriate to draw adverse inferences against the appellant solely based on his refusal.

The judgment also criticized the prosecution’s handling of hostile witnesses. The maid servant’s claim of police coercion and the inconsistent testimony of the victim’s sister were highlighted as significant flaws. “The prosecution’s inability to manage hostile witnesses and secure reliable testimony is a grave shortcoming,” the court observed.

The court scrutinized the alleged romantic relationship between the appellant and the deceased, finding no substantial evidence to support this claim. The deceased’s mother and father both denied any romantic involvement between Choudhury and the victim, further weakening the prosecution’s argument on motive.

Justice Bagchi stated, “The failure to compel the appellant to provide DNA samples, coupled with the procedural lapses in handling the collected evidence, undermines the reliability of the prosecution’s case.”

The High Court’s decision to acquit Banamali Choudhury underscores the paramount importance of stringent adherence to procedural protocols and the preservation of evidence integrity in criminal cases. This judgment not only highlights the challenges in handling hostile witnesses and the critical role of forensic evidence but also sets a significant precedent for future cases. As Choudhury is acquitted, the court has directed his discharge from bail bond after six months, marking a pivotal moment in the case’s legal journey.

Date of Decision: 12th June 2024