Murder Conviction Overturned: Supreme Court Acquits Accused Due to Insufficient Evidence

The case of Sonvir @ Somvir v. The State of NCT of Delhi is a significant ruling by the Supreme Court that overturned the conviction of the appellant for charges under Sections 302 (Murder) and 392 (Robbery) read with Section 34 of the Indian Penal Code. The appellant was previously convicted by the Trial Court, and the conviction was upheld by the Delhi High Court. However, the Supreme Court found that the prosecution failed to establish the complete chain of circumstances, leading to the appellant’s acquittal.

Case Background

The prosecution alleged that on October 20, 2009, two individuals, Meena Kinner and Vimlesh Kinner, both identified as members of the third gender, were found murdered in a locked house at Shaheen Bagh, New Delhi. Their bodies bore multiple injury marks caused by sharp weapons. The police found signs of robbery at the crime scene, with valuables and cash missing.

The police investigation led to the arrest of four accused: Sultan @ Rajesh (the driver of one of the deceased), Sonvir @ Somvir (the appellant, a taxi driver), Khalil Ahmed (a close associate of the deceased), and a juvenile offender. The prosecution relied on circumstantial evidence, including recoveries of alleged stolen items, forensic reports, and fingerprint analysis to establish the guilt of the accused.

Arguments by the Parties

Prosecution’s Arguments

• The accused were in possession of stolen jewelry, cash, and other valuables belonging to the deceased.
• A blood-stained knife and shirt recovered from the appellant had human blood of the same group as the deceased.
• The forensic report confirmed that a fingerprint lifted from the crime scene matched that of the appellant.
• The accused failed to provide a reasonable explanation for the recoveries.

Appellant’s Arguments

• The appellant was falsely implicated, and the recoveries were planted.
• The police failed to establish exclusive possession of the recovered items by the accused.
• The forensic evidence, including the fingerprint analysis, was inadmissible as it was obtained in violation of the Identification of Prisoners Act, 1920.
• The blood-stained knife could not be conclusively linked to the crime as no expert opinion was sought to confirm it was used in the murder.

Supreme Court’s Observations

After a detailed analysis, the Supreme Court concluded that the prosecution failed to prove the case beyond reasonable doubt. The Court observed:

• None of the recovered jewelry or valuables were identified as belonging to the deceased, making the alleged recoveries inconclusive.
• The blood-stained knife and shirt, though found to have human blood, could not be conclusively linked to the crime scene.
• The fingerprint evidence was obtained without following the mandatory procedure under the Identification of Prisoners Act, making it legally inadmissible.
• There was no direct evidence or witness linking the appellant to the crime, and the circumstantial evidence did not establish a complete chain pointing to his guilt.

Final Judgment

The Supreme Court set aside the judgment of the Delhi High Court and acquitted the appellant of all charges. The Court held that the evidence presented by the prosecution failed to meet the standard of proof required for a conviction in a case based on circumstantial evidence. The appellant was ordered to be released immediately unless required in any other case.

This judgment reaffirms the principle that conviction in criminal cases must be based on credible, legally admissible, and conclusive evidence. Mere suspicion or incomplete circumstantial evidence cannot be the basis for depriving an individual of their liberty.

Petitioner Name: Sonvir @ Somvir.
Respondent Name: The State of NCT of Delhi.
Judgment By: Justice Ashok Bhushan, Justice Indu Malhotra.
Place Of Incident: Shaheen Bagh, New Delhi.
Judgment Date: 02-07-2018.

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