Evidence Act | Section 27 Recoveries Alone Can't Sustain Conviction : Supreme Court Restores Acquittal In 1988 Murder Case

What is this case about?

The case involves a criminal appeal challenging the High Court's order remanding a murder case for reconsideration of evidence, including recoveries under Section 27 of the Evidence Act, after the trial court had acquitted the accused.

Who it concerns

Petitioners: Khalil Pasha & Ors. Respondents: Abdul Rasheed & Anr. Bench: K. VINOD CHANDRAN, J.

What the Court ordered

• The Court restored the trial court's acquittal of the accused in the 1988 murder case.
• The Court held that recoveries alone under Section 27 of the Evidence Act cannot sustain a conviction.
• The Court directed the High Court to consider the matter on re-appreciation of evidence as led before the Trial Court.
• The Court noted that the High Court's order remitting the matter to the Additional Sessions Judge for reconsideration of eyewitness testimony and recoveries was flawed.

Points worth noting

• The incident occurred on 14.02.1988.
• The trial court had acquitted the accused based on lack of credible eyewitness testimony and inconsistencies in medical evidence.
• The Court observed that the dying declaration evidence was inconsistent with medical testimony regarding the victim's consciousness.