VidhiSangh

Supreme Court of India · 24/02/2025

MD. BANI ALAM MAZID @ DHAN versus STATE OF ASSAM

[2025] 2 S.C.R. 2006 · 2025 INSC 260

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Summary

The Supreme Court acquitted the appellant of murder and causing disappearance of evidence, holding that once the High Court discarded the extra-judicial confessions as inadmissible, the chain of circumstantial evidence was broken; the remaining circumstances of last seen together and recovery of the body at his instance were themselves not proved, and the absence of motive and non-examination of material witnesses further weakened the prosecution.

Issues

  1. Whether the conviction under Sections 302/201/34 IPC could rest on the circumstances of last seen together and discovery once the extra-judicial confessions were discarded.
  2. Whether the last-seen circumstance was proved and reliable given the gap between the victim being seen with the appellant and the recovery of her body.
  3. Whether recovery of the body was proved to be at the appellant's instance so as to be admissible under Section 27 of the Evidence Act.
  4. What weight absence of motive carries in a case of circumstantial evidence.

Provisions considered

Held

Result

Appeal allowed; judgments of the High Court and the Sessions Court set aside; the appellant acquitted and directed to be released forthwith unless required in another case.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 2006.