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Supreme Court of India · 28/01/2025

CHANDRABHAN SUDAM SANAP versus THE STATE OF MAHARASHTRA

[2025] 1 S.C.R. 1041 · 2025 INSC 116

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Summary

The Supreme Court acquitted the appellant, who had been sentenced to death for the abduction, rape and murder of a young woman after she arrived at Lokmanya Tilak Terminus, Mumbai. The prosecution case rested on circumstantial evidence. The CCTV footage, which the High Court called the axis of the case, was inadmissible without a Section 65-B(4) certificate, and the remaining circumstances (last seen, sightings, conduct, recoveries and an extra-judicial confession) were unreliable and did not form a complete chain.

Issues

  1. Whether CCTV footage produced without a certificate under Section 65-B(4) of the Evidence Act was admissible, and whether the objection was raised in time in a capital case.
  2. Whether the last-seen and sighting witnesses and the test identification parade were reliable, given the delay in recording their statements and the earlier publication of the appellant's photograph in the press.
  3. Whether the alleged extra-judicial confession, the post-crime conduct and the recoveries proved the appellant's guilt.
  4. Whether the circumstances proved formed a chain complete enough to sustain the conviction and death sentence.

Provisions considered

Held

Result

Appeal allowed. The High Court's judgment confirming the conviction and death sentence was set aside, and the appellant was acquitted of all charges and ordered to be released forthwith unless required in another case.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1041.