Supreme Court Acquits Two in 2012 West Bengal Murder Case, Supreme Court cites insufficient evidence and weak circumstantial links, orders legal aid for the third co-accused.
In a landmark judgment, the Supreme Court of India has acquitted Papan Sarkar @ Pranab and another accused in a 2012 murder case from West Bengal, citing inadequate evidence and unreliable witness testimonies. The decision was delivered by a bench comprising Justices Sanjay Kumar and K. Vinod Chandran in Criminal Appeals No. 2507 and 2508 of 2026, overturning the previous convictions by the trial court and the High Court.
The case revolved around the death of a young man, found in a ditch with severe injuries, after being last seen with the accused. The prosecution had relied heavily on the "last seen together" theory, extra-judicial confessions, and circumstantial evidence including the recovery of alleged weapons. However, the Supreme Court found significant gaps in the prosecution's case.
The judgment emphasized that the time gap between the deceased being seen with the accused and the discovery of his body was too large to support the "last seen together" theory as a sole basis for conviction. The court also ruled that the extra-judicial confessions were unreliable due to inconsistencies and the circumstances under which they were allegedly made, suggesting undue duress or threat of mob violence.
Additionally, the recovery of weapons from an open field was deemed insufficient to qualify as incriminating evidence under Section 27 of the Indian Evidence Act, 1872, as there was no indication of concealment or exclusive knowledge by the accused. The court noted discrepancies in witness testimonies and the absence of a clear motive, further weakening the prosecution's case.
In a move to ensure justice, the Supreme Court directed the National Legal Services Authority to assist the third accused, who had not filed an appeal, in seeking legal recourse. The court ordered the West Bengal State Legal Services Authority to facilitate the filing of an appeal for the third accused, ensuring compliance by July 20, 2026.
The Supreme Court's decision underscores the importance of corroborative evidence in criminal convictions and highlights the judiciary's role in safeguarding the rights of the accused, ensuring that convictions are based on solid and reliable evidence.
Bottom Line
Last seen together theory - Mere proximity of the time between accused and deceased being seen together and death occurring is crucial for incrimination. Large time gaps weaken the theory and cannot solely substantiate conviction.
Statutory provision(s): Section 27 of the Indian Evidence Act, 1872
Papan Sarkar @ Pranab v. State of West Bengal, (SC) : Law Finder Doc id # 2904462
