Recovery of articles and presence of human blood on clothing insufficient to establish guilt beyond reasonable doubt

Supreme Court Acquits Raj Kumar @ Bheema in 2008 Murder Case. Procedural Irregularities and Unreliable Witness Testimony Lead to Acquittal After Over 15 Years in Custody

In a landmark judgment, the Supreme Court of India has acquitted Raj Kumar @ Bheema, who had been convicted by lower courts for a 2008 murder in New Delhi. The apex court found significant procedural irregularities and unreliable witness testimony, which undermined the prosecution's case. The judgment, delivered by Justices Vikram Nath and Sandeep Mehta, highlights the importance of credible identification and adherence to procedural safeguards in criminal trials.

The case revolved around a home invasion and murder that occurred in November 2008, where the elderly victim Madan Mohan Gulati was killed, and his wife, Smt. Indra Prabha Gulati, was injured. The sole eyewitness, Smt. Indra Prabha, identified the accused in court via video conferencing after a gap of eight and a half years. However, the Supreme Court found this identification unreliable due to the significant delay and the witness's weak visual memory.

The court noted that the Test Identification Parade (TIP) was flawed, with procedural lapses casting doubt on the authenticity of the proceedings. Furthermore, the recovery of a blood-stained pant and alleged murder weapon from the accused could not be conclusively linked to the crime, as the blood group did not match the deceased or the crime scene samples.

The judgment also emphasizes the need for procedural safeguards in video conferencing evidence, directing trial courts to ensure electronic transmission of documents to witnesses to maintain fairness and integrity. The court's decision underscores the necessity of unimpeachable evidence for conviction, especially in cases involving severe penalties.

Raj Kumar @ Bheema, who has been in custody for nearly 15 and a half years, will be released from prison immediately unless wanted in any other case.

Bottom Line:

Acquittal of accused - Identification of accused in court after significant delay and procedural irregularities in Test Identification Parade (TIP) undermined prosecution case - Recovery of articles and presence of human blood on clothing insufficient to establish guilt beyond reasonable doubt - Directions issued for procedural safeguards in video conferencing evidence.

Statutory provision(s): Bharatiya Sakshya Adhiniyam, 2023 Sections 147, 148, Indian Penal Code, 1860 Sections 302, 394, 397, 307, 34, Maharashtra Control of Organised Crime Act, 1999 Sections 3, 3(1)(i), 3(1)(ii), 3(2), 3(4)

Raj Kumar @ Bheema v. State of NCT of Delhi, (SC) : Law Finder Doc id # 2809375