VidhiSangh

Supreme Court of India · 08/05/2025

RENUKA PRASAD versus THE STATE REPRESENTED BY ASSISTANT SUPERINTENDENT OF POLICE

[2025] 7 S.C.R. 160 · 2025 INSC 657

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Summary

The Court restored the acquittal of six accused in a contract-killing case in which 71 of 87 prosecution witnesses, including the eyewitness son of the deceased, turned hostile. The High Court had convicted them on the testimony of the investigating officers, which merely repeated the witnesses' Section 161 CrPC statements and the accused's voluntary statements; such reliance violates Section 162 CrPC and Sections 25 and 26 of the Evidence Act, recoveries under Section 27 were not connected to the crime or to the alleged assailants, and a Section 27 disclosure cannot be used against co-accused under Section 30.

Issues

  1. Whether the High Court, in reversing an acquittal, could rely on the investigating officers' testimony affirming the Section 161 CrPC statements of witnesses who disowned them at trial.
  2. Whether the recoveries of cash, weapons, clothes and vehicles, made on the disclosure of an alleged conspirator (A3) or by seizure, were admissible under Section 27 of the Evidence Act and connected to the crime and the alleged assailants.
  3. Whether a disclosure statement under Section 27 can be used under Section 30 of the Evidence Act to implicate co-accused.
  4. Whether the motive, conspiracy and preparation alleged by the prosecution were proved by legal evidence.

Provisions considered

Held

Result

Criminal appeals allowed. The High Court's judgment convicting A1 to A6 under Section 302 read with Section 120B IPC was reversed and the Trial Court's judgment of acquittal restored. The accused to be released forthwith if in custody and not required in any other case; if on bail, their bail bonds stand cancelled. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 160.