HC overturns conviction of man jailed for 24 years in dacoity case

Prayagraj, Dec 24 (PTI) The Allahabad High Court has overturned the conviction of a man who spent about 24 years in prison for a dacoity case, after a trial court sentenced him to life.

The trial court in 2002 had delivered the verdict solely based on his admission in his statement recorded under Section 313 of CrPC, where the accused explains evidence against them.

Finding fault with the same, a division bench of Justices J J Munir and Sanjiv Kumar ruled that a conviction cannot be premised solely on the admission made in a statement under the section, especially when the prosecution fails to adduce any corroborative or incriminating evidence.

The court termed the incarceration of the appellant, Azad Khan, for almost 24 years as the "sad part of the matter", noting that his so-called admission of guilt was likely driven by a fear for his life rather than a genuine confession.

The court also noted that the appellant had no assistance of an advocate to defend and was not offered or provided any legal aid, which violated his right to a fair trial guaranteed under Article 21 (right to life and personal liberty) of the Constitution.

It also constituted a violation of Section 304 of the CrPC, which mandates free legal aid at the state's expense for accused persons in trials, it said.

In February 2002, the appellant was convicted under Sections 395 (dacoity) and 397 (robbery or dacoity, with attempt to cause death or grievous hurt) of the IPC by the special judge, Mainpuri.

It was alleged that in 2000, the appellant, along with 10-15 miscreants, entered the informant's house, assaulted his family members and looted cash and jewellery. During the incident, the miscreants allegedly opened fire and injured three people.

During the trial, Azad Khan's case was separated from the other accused after he filed a confession application. Later, the trial court observed that the accused had admitted his guilt and acknowledged that he was one of the members of the gang who committed the dacoity, and thus, he was convicted and sentenced to rigorous imprisonment for life.

Subsequently, challenging his conviction, he moved the high court, wherein his counsel argued that no evidence was adduced by the prosecution in support of its case, and no witness of fact was examined by the prosecution.

Importantly, the high court scrutinised the trial record and found that the appellant had made as many as seven confession applications where he expressed a fear that he would be killed by the informant in collusion with the police if he were released.

The court noted that he essentially prayed to remain in jail to save his life and thus, it remarked that his admission of guilt cannot be said to be free from any fear or pressure.

The court found fault with the trial judge for failing to notice that the appellant was confessing out of fear for his life.

Against this backdrop, the high court concluded that the trial court erred in convicting the appellant, as the prosecution miserably failed to connect him with the offence.

Consequently, the court in its judgment dated December 19 allowed the appeal, set aside the conviction and sentence, and acquitted Azad Khan of all charges. He has been directed to be released forthwith. PTI COR RAJ PRK PRK