Circumstantial Evidence – Penal Code, 1860 – ss.302, 201, 120-B – Conviction of the appellants u/ss.302, 201, 120-B, IPC rested largely on the testimony of three prosecution witnesses, PW-2, PW-3 and PW-4 – Interference with:
Held: 1.1 Prosecution failed to establish a complete and unbroken chain of circumstances – Evidence on record does not complete the chain of circumstances pointing to the guilt of the accused persons – There are substantial gaps in the case of the prosecution. [Paras 56, 29]
1.2 The first and most glaring circumstance is the omission of the names of the two of the three Appellants in the FIR – PW-1, the complainant and the father of the deceased, expressly named six persons with whom he admittedly had long-standing enmity, yet he did not attribute any role to the present Appellants, ‘N’ and ‘A’ – Both PW-1 and PW-2 were admittedly familiar with them – Despite this, their names were not mentioned in the FIR, nor was any contemporaneous explanation offered for their absence – This significant omission strikes at the root of the prosecution narrative, undermines its credibility, and constitutes a material fact that must weigh heavily in favour of the accused. [Para 29]
1.3 Further, there are improbabilities in PW-2’s testimony, coupled with his unexplained silence at crucial stages – The prosecution then relied on testimonies of PW-3 and PW-4 to establish last-seen circumstance – However, there are serious infirmities in their accounts making their evidence less reliable – The prosecution’s reliance on PW-3 and PW-4 falters on two counts: firstly, the absence of TIP renders their identification unreliable and secondly, even if their testimony is accepted, ‘last-seen’ theory alone is insufficient to sustain the conviction in the circumstances of the present case. [Paras 33, 34, 48]
1.4 The prosecution’s reliance on the last seen theory is misplaced – The interval between the alleged sightings and the discovery of the corpse is too wide to exclude the possibility of intervention by others – The last seen theory applies only when the time gap is so narrow that the hypothesis of another’s involvement is eliminated – That condition is absent here – Last-seen theory alone is weak evidence and requires corroboration, which is absent in this case. [Paras 45, 46]
1.5 Furthermore, though the medical evidence proves the fact of homicidal death but does not implicate the Appellants – The forensic report is neutral, the recovery is procedurally suspect – When the only scientific evidence available neither supports the prosecution’s narrative nor connects the accused to the crime, it is impermissible to uphold a conviction solely on doubtful eyewitness testimony. [Para 53]
1.6 The case of the prosecution with respect to motive is also tenuous – The motive alleged by the prosecution is only that the Appellants sought revenge for an insult to their sister – However, no concrete evidence of animus was led – There is no evidence that the Appellants bore any grudge against a ten-year-old child – Circumstances on record are not consistent with the hypothesis of the guilt of the accused and fail to exclude every other reasonable hypothesis, including their innocence – Suspicion, however strong, cannot take the place of proof – Appellants entitled to the benefit of the doubt – Impugned Judgment set aside – Appellants acquitted. [Paras 54, 56]
Circumstantial Evidence – Conviction based on circumstantial evidence – When can be sustained – Conditions enumerated in Sharad Birdhichand Sarda, stated. [Para 28] Circumstantial Evidence – Omission in naming accused persons in FIR – Effect:
Held: In a case based solely on circumstantial evidence, every circumstance must withstand rigorous scrutiny – The failure to name two of the three Appellants in the FIR, despite the complainant’s familiarity with them, casts a serious shadow on the subsequent attempt to implicate them – It raises a legitimate inference that their names were introduced at a later stage, thereby suggesting the possibility of false implication. [Para 30] Last seen theory – Evidentiary value:
Held: The ‘last seen’ theory is itself a weak link unless the prosecution establishes a narrow time gap between when the accused and the deceased were seen together and the recovery of the body, such that the possibility of intervention by a third person is excluded – It would be unsafe to base conviction solely on this circumstance unless it is corroborated by some other strong and clinching material. [Para 44]
Evidence – Dock identification without a prior TIP: Held: Has little evidentiary value where the witness had no prior familiarity with the accused and courts must exercise extreme caution in accepting such identification. [Para 41, 42] Circumstantial Evidence – Scientific evidence: Held: Where scientific evidence is neutral or exculpatory, courts must give it due weight – To convict on doubtful testimony while ignoring scientific tests is to substitute suspicion for proof – Despite the inconclusive forensic report, the High Court dismissed the absence of DNA evidence as inconsequential and affirmed the conviction solely on ocular testimony – Such an approach is untenable in a case based entirely on circumstantial evidence. [Para 51]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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