Evidence marred by inconsistencies: Supreme Court sets free death row convict in murder and sexual assault of minor

New Delhi: The Supreme Court has acquitted a man, who was sentenced to the death penalty for sexual assault upon a minor girl, resulting into her death in 2014.

A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta found the prosecution failed to establish complete and unbroken chain of circumstances, motive, last seen theory, DNA evidence, necessary to bring home the guilt.

The court allowed Akhtar Ali, who was convicted by the trial court in Nainital of offences under Section 376A of the IPC; and Sections 16 and 17 read with Sections 4, 5, 6, and 7 of the POCSO Act, to walk free.

The bench also acquitted another accused Prem Pal Verma, who sentenced to seven years imprisonment.

Considering their appeal, the bench said, ''The prosecution has failed to prove motive, the last seen theory stands contradicted, and the alleged scientific evidence is marred by inconsistencies and serious loopholes. In such circumstances, it would be wholly unsafe to uphold a conviction, much less the extreme penalty of death."

The bench set aside the Uttarakhand High Court's judgment of October 18, 2019 which upheld the decision of the Special Judge (POCSO) rendered on March 11, 2016.

In the 86-page judgment authored by Justice Mehta, the court stressed, "It must be borne in mind that the present case involves the imposition of the ultimate punishment of death. The law is well settled that in cases resting on circumstantial evidence, every link in the chain must be firmly and conclusively established, leaving no room for doubt. Where two views are possible, the one favourable to the accused must be adopted."

It was alleged Ali, a dumper driver, along with Verma and a third accused, acquitted by the trial court, had on November 20, 2014 kidnapped the minor girl from a marriage function at Kathgodam and committed sexual assault on her, causing her death.

The bench said, the trial courts, as well as high courts, are required to exercise the highest degree of circumspection before awarding the death penalty.

"The irreversible nature of capital punishment demands that it be imposed only in the “rarest of rare” cases, as held by this court in Bachan Singh Vs State of Punjab (1980), and Machhi Singh Vs State of Punjab (1983) and only when the prosecution has led unimpeachable, cogent, and convincing evidence that excludes every hypothesis of innocence,'' the bench said.

The court highlighted, even the slightest doubt or infirmity in the prosecution’s case must weigh against the imposition of such a sentence.

"Any hasty or mechanical application of the death penalty, without ensuring the highest standards of proof and procedural fairness, not only undermines the rule of law but risks the gravest miscarriage of justice by extinguishing a human life irretrievably,'' the bench said.

The bench also pointed out in Manoj & Ors Vs State of Madhya (2022), this court emphasised the duty of courts to consider mitigating circumstances and conduct a detailed sentence hearing before awarding the death penalty.

"Therefore, unless the prosecution’s evidence forms an unbroken and reliable chain of circumstances pointing only to the guilt of the accused, the extreme penalty cannot be justified,'' the bench said.

In the case, the court said, the prosecution has merely alleged that the accused-appellants were driven by lust. "However, no independent or credible evidence has been adduced to substantiate such a motive. A bald assertion without corroboration cannot by itself form a safe basis for conviction,'' the court said.

Secondly, the court said, the ‘last seen theory’ relied upon by the prosecution suffered from serious infirmities.

The prosecution has failed to prove the proximity of time and place so as to shift the burden onto the accused, the court said.

Thirdly, the court found, the scientific evidence was itself riddled with deficiencies, it held.

"The alleged theory of DNA found on the body of the victim girl matching with the DNA of accused-appellant Ali, is ex facie doubtful and unworthy of credence,'' the court said.

The claim that Ali’s location was traced through mobile surveillance was falsified by record, as the call detail records were procured much later and no evidence existed to link the accused with the sim numbers in question, the court said.

"Likewise, the omission to examine crucial witnesses, including the subscribers of the relevant mobile numbers and most importantly Nikhil Chand, who first informed the police about the location of the dead body of the victim girl, further weakens the case of the prosecution,'' the bench said.