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Rajiv Singh v. State of Bihar & Anr.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1708 of 2015)Decided 16 Dec 2015
Criminal Appeal No. 1708 of 2015
Justice V. Gopala Gowda · Justice Amitava Roy

Background

A newly married couple was returning from a honeymoon by train when the wife disappeared from the train during the journey. The husband reported her missing, and a body later found by the railway track was not identified as hers by her family. The husband was convicted by the trial court under Sections 304B, 201 and 498A of the Indian Penal Code, and the Patna High Court upheld the conviction.

Decision Breakdown

The Supreme Court held that the prosecution had not proved beyond reasonable doubt that the wife had died, or that the husband was responsible. The identification of the body was unreliable, and a key witness who had said the body was not hers was withheld. The DNA test was carried out at a private laboratory in breach of the required norms, and the expert who gave evidence had no relevant expertise. Because the foundational facts for the statutory presumption under Section 304B and Section 113B of the Evidence Act had not been proved, the presumption could not be applied. The Court held that suspicion, however strong, cannot replace proof, and it set aside the conviction and sentence and ordered the husband's release if he was not required in any other case. It also criticised the "shoddy" investigation and asked the authorities to take remedial steps.

Lesson Learnt

A criminal conviction requires the prosecution to prove the case beyond reasonable doubt, and suspicion alone is not enough. Where a person is missing and a body is found, the death itself and the identity of the body must be properly proved before anyone can be convicted.

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

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