VidhiSangh

Supreme Court of India · 11/07/2022

RAVI SHARMA versus STATE (GOVERNMENT OF NCT OF DELHI) AND ANR.

[2022] 12 S.C.R. 257 · 2022 INSC 699

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Summary

A man was found shot dead in Delhi in May 2011; his father and brother named no suspect but next day pointed to the accused alleging a money dispute. The trial court acquitted, disbelieving the last-seen and motive evidence, finding the recoveries under Section 27 of the Evidence Act doubtful because no independent witness signed though many were present, and treating the ballistic report as inconclusive. The Delhi High Court agreed the last-seen theory was unproved yet convicted on motive and recovery. The Supreme Court restored the acquittal. Under Section 378 CrPC the double presumption of innocence requires an appellate court to be slow to reverse a possible view; motive assumes greater importance in a circumstantial case and could not be accepted from a witness the trial court had rejected; suspicion, however strong, is no substitute for proof.

Issues

  1. Whether the High Court, having concurred with the trial court that the last-seen evidence was unreliable, could reverse an acquittal on the strength of motive deposed by a witness the trial court had disbelieved and recoveries it had found doubtful.
  2. What is the scope of appellate interference with an acquittal under Section 378 CrPC.
  3. Whether recoveries under Section 27 of the Evidence Act and an observation mahazar, signed only by police though many members of the public were present, and an inconclusive ballistic report, could complete a chain of circumstantial evidence.

Provisions considered

Held

Result

Appeals allowed; the Delhi High Court's judgments of 17.12.2014 and 24.12.2014 convicting the appellant set aside and the trial court's acquittal restored.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 257.