The Allahabad High Court has acquitted three men who were convicted in 1983 for an alleged dacoity that took place in Budaun in 1982, holding that material inconsistencies in the prosecution evidence entitled them to the benefit of doubt.
Justice Avnish Saxena allowed the criminal appeal filed against the August 29, 1983 judgment of the Special Sessions Judge, Budaun, which had convicted seven persons under Sections 395 and 397 of the Indian Penal Code.
An FIR was lodged on July 27, 1982 at Ujhani police station in Budaun alleging commission of dacoity. The trial court subsequently convicted:
- Ali Hasan, Narain and Nandey under Section 395 IPC and sentenced them to five years’ rigorous imprisonment, and
- Omkar, Harpal, Latoori and Mehndi under Sections 395 read with 397 IPC, awarding them seven years’ rigorous imprisonment.
All seven convicts filed a criminal appeal before the High Court in 1983.
During the pendency of the appeal, Narain, Nandey, Omkar and Mehndi died, and the appeal stood abated against them by order dated February 21, 2019. The appeal survived only for Ali Hasan, Harpal and Latoori.
The High Court examined the testimonies of the prosecution witnesses and found material inconsistencies which, in its view, undermined the prosecution case.
Justice Saxena held that the trial court had incorrectly appreciated the evidence, and the discrepancies in witness statements created serious doubt about the involvement of the surviving appellants.
The Court observed:
“The surviving appellants cannot be held guilty for the offence of dacoity or any other minor offence and are liable to be acquitted for the offence of dacoity and attempt to cause death or grievous hurt while committing dacoity, giving the benefit of the doubt, as the trial court has incorrectly adduced evidence.”
Allowing the appeal, the High Court set aside the conviction and sentence of the three surviving appellants and acquitted them of all charges under Sections 395 and 397 IPC.
The judgment brings to a close a criminal appeal that had remained pending for over four decades.
