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The State of West Bengal v. Kader Khan

Criminal Appeal · 2026 INSC 718Decided 17 Jul 2026
Crl.A. No.-001164-001166 - 2023
Justice Sanjay Karol · Justice Vipul M. Pancholi

Background

In a 2012 gang-rape case in Kolkata, five accused were named; three were arrested quickly and tried, while the respondent Kader Khan and one other absconded for years and were arrested only in 2016. The victim testified extensively in the first trial against the three arrested accused but passed away in 2015, before Kader Khan's separate (split) trial could begin. When his trial commenced, the prosecution sought to use the victim's earlier deposition against him under Section 299 CrPC (evidence recorded in the absence of an absconding accused); the Calcutta High Court disallowed this, holding that a formal court direction was needed at the time of the earlier deposition for it to be used later against the absconder.

Decision Breakdown

The Supreme Court, reviewing Section 299 CrPC and precedent including Nirmal Singh and CBI v. Abu Salem Ansari, held that the statute requires only that two facts existed at the time of the deposition, that the accused was absconding and there was no immediate prospect of his arrest, not any formal contemporaneous order recording compliance. Since proclamation proceedings against Kader Khan predated the victim's deposition, and he was arrested only years later after her death, both conditions were satisfied, making her earlier testimony admissible against him. The High Court's order was set aside and the State's appeal allowed.

Lesson Learnt

An accused cannot escape the consequences of evidence recorded during his own deliberate absconding simply because no separate formal order was passed at that time. The law does not reward evading trial in hopes that witnesses become unavailable.

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

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