SUPREME COURT HOLDS PROSECUTION’S FAILURE TO PROVE CIRCUMSTANCES DOES NOT JUSTIFY CONVICTION BY TRIAL COURT.
A two Judge Bench of the Hon’ble Supreme Court of India comprising of Justice Abhay S. Oka and Justice Ujjal Bhuyan passed a judgement dated 24.02.2025 in the matter of Md. Bani Alam Mazid @ Dhan vs. State of Assam, the Hon’ble Supreme Court of India, on 24.02.2025, acquitted the Appellant, Md. Bani Alam Mazid, of charges including kidnapping, murder, and destruction of evidence. This decision overturned the convictions previously upheld by the Gauhati High Court in 2010 and the Sessions Court in 2007 and held that when the Prosecution failed to prove each of the circumstances against the Appellant, the Courts below were not justified in convicting the Appellant.
FACTS
On 26.08.2003 at around 02:00 PM, the father of the victim (hereinafter called as the “First Informant”) lodged a First Information Report (FIR) before the Hajo Police Station stating that on 22.08.2003 the Appellant along with one Co-Accused had kidnapped his minor daughter and the minor daughter had taken away Rs.60,000/- in cash from his house. He stated that the mother of the Appellant and the Brother-In-Law of the Appellant had come to the house of The First Informant and informed him that the Appellant had kidnapped his daughter and had kept her at Mukalmuwa with the intention of marrying her. The first informant clearly stated that the Mother and the Brother-In-Law of the Appellant had assured him that their marriage would be arranged and requested him and his family members to not lodge any complaint before the Police. The First Informant and his family members were actively looking for the daughter of The First Informant, however, as there was no trace of the missing girl for about 4 days, the First Information Report (FIR) in question was lodged.
The Hoja Police Station lodged a First Information Report (FIR) against the Appellant and the Co-Accused under sections 366(A)/34 ((Procuration of Minor Girl/ acts done by several persons in furtherance of common intentions) of the Indian Penal Code, 1806.
First Round of Litigation
On the basis of the First Information Report (FIR) filed at Hajo Police Station, Case No. 131/2003 came to be registered under sections 366A/34 of the Indian Penal Code, 1806. During the Investigation the dead body of the victim girl was found. After the conclusion of the Investigation, the charge sheet was submitted against both the Accused persons under sections 366A/302/201/34 of the Indian Penal Code, 1806. The Trial Court at Kamrup, Guwahati framed charges against the Accused persons under the above mentioned provisions and both the Accused pleaded not guilty and claimed trial. At the conclusion of the Trial, The Learned Sessions Judge, convicted and sentenced the Appellant as well as the Co-Accused in under the provisions tried by The Learned Sessions Court. Aggrieved by the aforesaid conviction and sentence, both the Accused persons filed separate appeals before the Hon’ble Gauhati High Court.
Second Round of Litigation
The Appeal filed by the Appellant was registered as Criminal Appeal No. 88/2007 and the other appeal filed by the co-Accused was registered as Criminal Appeal No. 82(J)/2007. The Hon’ble Gauhati High Court set aside the conviction of the Accused persons including that of the Appellant under section 366A of the Indian Penal Code, 1806. But affirmed their convictions under sections 302/201/34 of the Indian Penal Code, 1806. The sentences imposed by the Hon’ble Trial Court for the aforesaid offences were maintained. The appeals were accordingly dismissed.
Judgement by the Hon’ble Supreme Court
The Hon’ble Supreme Court allowed the Criminal appeal and set aside the Hon’ble Gauhati High Court Order and stated that:
- None of the circumstances put forth by the Prosecution to prove the guilt of the Appellant can be said to have been proved, not to speak of proving the complete chain of circumstances, to dispel any hypothesis of innocence of the Appellant.
- When the Prosecution failed to prove each of the circumstances against the Appellant, the courts below were not justified in convicting the Appellant.
The Hon’ble Supreme Court relied upon a plethora of Judgements while deciding this issue. The Hon’ble Supreme Court took into consideration that the Prosecution was not able to prove its case beyond reasonable doubt and one glaring lacuna in the Prosecution case which the Hon’ble Supreme Court highlighted was that the PW/1 (Father of the deceased) and PW/4 (Mother of the deceased) in their evidence stated that the Appellants Mother and Brother-In-Law had told them that they need not worry about their daughter and that they would arrange the marriage of their daughter with the Appellant. The Hon’ble Supreme Court was shocked to see that these two people were not examined and presented as witnesses before The Hon’ble trial Court. The Hon’ble Supreme Court maximised on the detail that both the Mother and the Brother-In-Law knew about the whereabouts of the deceased girl and non–examination of such material witnesses has definitely dented the Prosecution case.
The Hon’ble Court further observed that the Appellant and the deceased girl were in love and therefore there could not have been any motive of the Appellant to cause the death of the deceased. The post-mortem report has also ruled out recent sexual activity of the deceased. Even, there was no recovery of cash taken from her residence as alleged by the Father of the deceased in the First Information Report (FIR).
Conclusion
As per the Hon’ble Bench, the Prosecution was not able to prove their case beyond reasonable doubt and that none of the circumstances put forth by the Prosecution to prove the guilt of the Appellant can be said to have been proved, not to speak of proving the complete chain of circumstances, to dispel any hypothesis of innocence of the Appellant. The Prosecution failed to deal with the importance leading the evidence at the initial stage which caused the Prosecution to not be able to prove the guilt of the Appellant.
KAUSTUBH PUNJ
ASSOCIATE
THE INDIAN LAWYER AND ALLIED SERVICES
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