Absence Of Motive In A Case Depending On Circumstantial Evidence Is A Factor That Weighs In Favour Of The Accused: SC [Read Judgment]

Absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of the accused, the Supreme court has reiterated.

The bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah restored the acquittal of two accused Anwar Ali and Sharif Mohammad, by setting aside the conviction recorded by the Himachal Pradesh High Court. The duo were accused of murdering one Deepak. 

One of the contentions raised by the accused in the appeal before Apex Court was that the prosecution has failed to establish and prove the motive and therefore the accused deserves acquittal is concerned. In this regard, the bench observed:

It is true that the absence of proving the motive cannot be a ground to reject the prosecution case. It is also true and as held by this Court in the case of Suresh Chandra Bahri v. State of Bihar 1995 Supp (1) SCC 80 that if motive is proved that would supply a link in the chain of circumstantial evidence but the absence thereof cannot be a ground to reject the prosecution case. However, at the same time, as observed by this Court in the case of Babu (supra), absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of the accused.

It was also contended that even the recovery of jeep from Chandigarh and recovery of photographs and the recovery of mobile phone belonging to PW7 from the jeep also create serious doubts. The court also noted that the investigating Officer did not follow the procedure as required to be followed under Section 166 (3 & 4) and Section 100 (4) Cr.P.C.

"According to the prosecution and the IO, he received a secret information that one jeep is lying in abandoned condition on the Chandigarh road and though the distance was around 300 kilo meters, he straightway went to Chandigarh and recovered the jeep in the presence of Bhunter people brought by him. Non ­following of the aforesaid provisions alone may not be a ground to acquit the accused. However, considering the overall surrounding circumstances and in a case where recovery is seriously doubted, non­compliance of the aforesaid play an important role."

Allowing the appeal, the bench observed that the findings recorded by the trial Court, were based on appreciation of the entire evidence on record cannot be said to be either perverse or contrary to the evidence on record and/or it cannot be said that the trial Court did not consider any material evidence on record. Therefore, we are of the opinion that in the facts and circumstances of the case, the High Court is not justified in reversing the order of acquittal passed by the learned trial Court, it added.

Case name: Anwar Ali vs. State of Himachal Pradesh 

Case no.: CRIMINAL APPEAL NO. 1121 OF 2016

Coram: Justices Ashok Bhushan, R. Subhash Reddy and MR Shah

Click here to Read/Download Judgment

Read Judgment