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Bernard Lyngdoh Phawa v. The State of Meghalaya

Not available · 2026 INSC 85Decided 27 Jan 2026
Not available
Justice Sanjay Kumar · Justice K. Vinod Chandran

Background

A college student went missing and was later found dead; the Trial Court acquitted the two accused for weak evidence, but the High Court convicted them based on a "last seen" theory, a recovered rope, and confessional statements.

Decision Breakdown

The Supreme Court found the "last seen" claim unproven, the identification tainted (first done at the police station), the rope forensically unlinked, and the confessions unreliable, including that neither accused was informed of their right to legal aid before confessing. It restored the acquittal.

Lesson Learnt

Every link in a circumstantial-evidence chain must be reliably proved; courts must be especially cautious before overturning an acquittal, and an accused has a right to be informed of free legal aid before confessing.

Official source (sci.gov.in)View Judgment (PDF)

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