Setting Aside, Acquittal Orders II

Stories, Locking Key, Weapons, Blood Stains, Fingerprints, Hair, Robbed Items, Murdered Bodies, Accused: Recovered.

Trial Court: Capital Punishment.

2:1 High Court: Acquittal.

Hon’ble Justice Mohan M. Shantanagoudar, Ashish Jain v. Makrand Singh, [Criminal Appeal No. 1980 of 2008]: Acquittal

We have re-appreciated the entire evidence. No whisper of an important fact / crucial piece of information anywhere in the FIR. Accused persons were not absconding; unnatural. Delay in the arrest casts a serious shadow of doubt. Confession, hit by Article 20(3), inadmissible. Recovery on basis of involuntary statements. Artificial, got-­up story in the matter of identification of the ornaments. Non-­examination of two important witnesses in light of the recoveries. Likelihood of the seized weapons causing the injuries are very slim. Doubts on the credibility of the fingerprint evidence. We cannot rule out the possibility of tampering and post-facto addition of fingerprints.”