AUTHOR NAME- Snehil Singh, B.A. L.L.B., Fifth Year.
NAME OF INSTITUTION: Babu Banarasi Das University, Lucknow
Citation: [2025] 2 S.C.R. 461 | Case Type: Criminal Appeal /70/2025 |
Date of Judgement: 07 February 2025 | Judgement by: Hon’ble Mr. Justice Manmohan |
Petitioner: Raja Khan | Respondent: State of Chhattisgarh |
Disposal: Appeal Allowed | Order/ Judgement: Judgement |
FACTS:
This case is related to the issue concerning reliance on circumstantial evidence and the theory of last seen in criminal conviction. In this case, on 29 November 2013, a person named Neeraj Yadav was reported missing. After a few days, his body was discovered in a quarry pond on 2 December 2013, The prosecution has alleged that Raja Khan had murdered Neeraj due to some financial disputes and has also disposed of the body. The case against him was based on primary circumstantial evidence, including testimonies that suggested that he was last seen with the deceased, and some of the items were also discovered.
ISSUE RAISED:
- Whether the prosecution has established an unbroken chain of circumstantial evidence which was pointing towards the guilt of the appellant.
- Whether this theory of last seen was corroborated sufficiently to substantiate conviction.
- Whether the recoveries made of the appellant’s alleged disclosure statements were admissible.
RULE OF LAW:
For such type of conviction, which is based on circumstantial evidence, it is important that all the evidence form a complete chain, which will basically rule out any hypothesis other than the guilt of the accused. According to this theory, it is noted that both the accused and the deceased had been seen together the last time before his death, which is strong corroborative evidence to establish his culpability. The recoveries under Section 27 of the Indian Evidence Act must be free from any inconsistencies and must be duly supported by reliable witness testimonies.
REASONING:
The reliability of the last seen theory has been weakened as there were not many witnesses who have seen both the person together the last time. Also, the manner in which the recoveries of the material were made has raised doubts about their authenticity and admissibility.
HELD:
The Supreme Court has held that as there are no proper pieces of evidence to prove that the accused has conducted any of the acts and he has to be released immediately unless he was detained in connection with any other case. This judgment underscores the necessity for clear, consistent, and corroborated evidence in securing convictions, especially in cases relying solely on circumstantial evidence.
BIBLIOGRAPHY:
Case name- Raja Khan v. State of Chhattisgarh (Criminal Appeal No. 70 of 2025) 07 February 2025
For the full Document, click the mentioned link: https://digiscr.sci.gov.in/admin/judgement_file/judgement_pdf/2025/volume%202/Part%20II/2025_2_461-475_1740808146.pdf