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Criminal LawSupreme Court of India

Ankush Maruti Shinde and Others v. State of Maharashtra

Criminal Appeal · 2019 INSC 305Decided 5 Mar 2019
Criminal Appeal Nos. 1008-1009 of 2007
Justice A.K. Sikri · Justice S. Abdul Nazeer · Justice M.R. Shah

Background

In June 2003, a gang attacked a family's hut in Nashik district, robbed them, and brutally murdered five family members and raped one woman. Six men from a nomadic tribe were arrested, tried, and convicted; the trial court sentenced all six to death, and the Bombay High Court confirmed the death sentence for three and commuted it to life imprisonment for the other three. The Supreme Court first decided the appeals in 2009 (upholding/enhancing some sentences), but in 2018 a three-judge bench recalled that 2009 judgment entirely after finding some accused had not been given a hearing, and ordered the case re-heard from scratch, which is what this March 2019 judgment resolves.

Decision Breakdown

On fresh hearing, the Supreme Court found serious, uncured flaws in the investigation and identification evidence: the test identification parades of the accused were held after unexplained long delays (up to 50 days or more after the offence), the surviving eyewitness's identification in court contradicted her own earlier statements and the TIP record, and, most critically, four other named suspects identified by an injured eyewitness within two days of the crime were never investigated or arrested at all. The Court held the prosecution had failed to prove guilt beyond reasonable doubt and that the unexplained lapses amounted to a violation of the accused's fundamental rights under Articles 20 and 21 of the Constitution. It acquitted all the accused (most of whom, including one later found to be a juvenile, had spent roughly 16 years in jail, largely under sentence of death), ordered their immediate release, and, invoking Article 142, directed the State to pay each accused Rs. 5,00,000 as compensation for wrongful incarceration. It separately ordered fresh investigation into the four never-pursued suspects and directed the State to identify and take departmental action against the officials responsible for the botched investigation.

Lesson Learnt

A criminal conviction, especially one carrying the death penalty, cannot stand on a shoddy or incomplete investigation: unexplained delay in identification parades and ignoring other identified suspects can by itself create reasonable doubt large enough to acquit; and courts can order compensation and accountability for officials when innocent people are wrongly jailed for years as a result.

Ankush Maruti Shinde and Others v. State of Maharashtra – Legal Case Shots | LegalAware