VidhiSangh

Supreme Court of India · 15/12/2021

JAIKAM KHAN versus THE STATE OF UTTAR PRADESH

[2021] 14 S.C.R. 767 · 2021 INSC 896

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Summary

The Court set aside the convictions and death sentences of three accused in a six-murder case because the prosecution failed to prove guilt beyond reasonable doubt. The principal witnesses were neither wholly reliable nor wholly unreliable, and the required material corroboration was lacking. Contradictory arrest evidence, doubtful weapon and clothing recoveries, weak motive and missing independent and forensic material undermined the case. Speculation and the accused’s failure to explain could not fill those gaps. Their release was ordered unless required elsewhere; the informant’s appeal against the fourth accused’s acquittal was dismissed.

Issues

  1. Whether the eyewitness accounts and corroborative circumstances proved the accused’s guilt beyond reasonable doubt.
  2. Whether recovery evidence and the accused’s failure to explain could sustain the convictions and capital sentences.

Provisions considered

Held

Result

Accused Nos.1, 3 and 4’s appeals allowed, convictions and death sentences set aside and release directed unless otherwise required; informant’s appeal against accused No.2’s acquittal dismissed.

Judgment PDF: Supreme Court of India, [2021] 14 S.C.R. 767.