Khalil Pasha and Ors. v. Abdul Rasheed and Anr.

Criminal Appeal · 2026 INSC 754Decided 28 Jul 2026
Criminal Appeal (@ SLP (Crl.) No. 1115 of 2023)
Justice J.B. Pardiwala · Justice K. Vinod Chandran

Background

The accused had been acquitted of the 1988 murder of one Qavi. The victim's brother, dissatisfied with the acquittal, filed a criminal revision before the Bombay High Court; the High Court first set aside the acquittal without giving the accused a hearing, but the Supreme Court sent the matter back because Section 401(2) CrPC bars a revisional court from acting to an accused's prejudice without a hearing. On remand, the High Court again remitted the case to the trial court for reconsideration, prompting the accused to appeal to the Supreme Court against this second remand order.

Decision Breakdown

The Supreme Court first clarified that a procedural question about whether such revisions must go before a single judge or a division bench had become academic, since a 2009 amendment gave victims a distinct statutory right of appeal under Section 372 CrPC rather than relying on the revisional route at all. On reappreciating the evidence itself, the Court found the prosecution's case unconvincing: the eyewitness testimonies were unreliable and inconsistent with medical evidence about whether the victim was even conscious enough to identify his attackers, the dying declaration had not been believed by any court below, the crime scene showed no signs consistent with the alleged brutal attack, and the only real evidence, a blood-stained weapon recovered under Section 27 of the Evidence Act, could not, by itself, prove guilt without other evidence forming a complete chain excluding innocence. Reaffirming the principle that an acquittal fortifies the presumption of innocence and should not be overturned merely because another view is possible, the Court held this was not a fit case to convert the revision into an appeal, allowed the accused's appeal, and restored the trial court's order of acquittal, directing their release if not wanted in any other case.

Lesson Learnt

A trial court's acquittal carries a reinforced presumption of innocence, and appellate or revisional courts cannot overturn it based on suspicion, an unproven dying declaration, or a single piece of forensic evidence (like a recovered weapon). The prosecution must forge a complete chain of evidence that excludes any reasonable hypothesis of innocence.

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