Summary
The Supreme Court acquitted two men sentenced to death for five murders and robbery because the circumstantial chain was incomplete. The child’s inconsistent identification, unconnected recoveries, deficient fingerprint proof, inconclusive forensic material and weak last-seen evidence did not establish guilt beyond reasonable doubt.
Issues
- Whether the cumulative circumstantial evidence proved the appellants’ guilt beyond reasonable doubt.
- Whether the child witness, recoveries and forensic evidence reliably connected them to the crimes.
Provisions considered
- Section 118, Indian Evidence Act, 1872Child testimony required careful reliability assessment; corroboration was a prudential safeguard, not an invariable legal prerequisite. This child’s inconsistent identification was unsafe. (¶ 21–28)
- Section 27, Indian Evidence Act, 1872The discovered fact required a relevant connection with the crime. The motorcycle and other alleged recoveries lacked reliable linkage and identification. (¶¶ 29–33, 37)
Held
- Suspicion and even the gravity of multiple murders could not replace proof. The established circumstances had to form a complete chain excluding a reasonable innocent explanation. (¶ 15–19)
- The child had not witnessed the killings, did not initially identify the accused and gave inconsistent accounts. Reporting delay and failure to examine other available material witnesses weakened the case further. (¶¶ 24–28, 34–35)
- The motorcycle evidence conflicted, and the anklets and cash were not traced reliably to the deceased. Similar commonplace buttons and inconclusive hair analysis did not uniquely link the accused. (¶¶ 29–33, 37–39)
- Failure to examine the relevant fingerprint personnel, unexplained handling of the articles and the surrounding facts made reliance on the fingerprint report unsafe here. (¶ 36)
- Last-seen evidence alone did not complete the chain. Its reliability and temporal proximity were deficient in this case. (¶ 40–43)
Result
Appeals allowed; High Court and Sessions Court judgments set aside. Appellants acquitted of the offences tried and directed to be released forthwith unless required in another case.