The court set aside the convictions due to unreliable confessions and insufficient circumstantial evidence.
In a significant judgment delivered by the Andhra Pradesh High Court, the Division Bench comprising Justices K. Suresh Reddy and A. Hari Haranadha Sarma acquitted all four appellants previously convicted in a murder case. The appellants, Boya Hothuru Alliswamy and others, were initially found guilty by the VI Additional Sessions Judge, Anantapuramu at Gooty, of charges including kidnapping, murder, and conspiracy under various sections of the Indian Penal Code (IPC).
The case involved the alleged murder of 62-year-old Bhusetty Susheelamma, who was reported missing in May 2015. Her body was later discovered buried, and the appellants were accused of the crime based on a purported extra-judicial confession and circumstantial evidence. The High Court, however, found the confession unreliable, as it was made to a Village Revenue Officer (VRO) who was a stranger to the accused. The court emphasized that such confessions must be corroborated by other evidence, which was absent in this case.
Furthermore, the prosecution's reliance on circumstantial evidence failed to meet the stringent standards required for conviction. The court noted that important links in the chain of circumstances, such as the motive, access to the deceased, and evidence of the accused being last seen with the victim, were not adequately proven. The court highlighted that the five golden principles for conviction based on circumstantial evidence, as laid down by the Supreme Court, were not satisfied.
The judgment underscored the necessity of proving guilt beyond reasonable doubt and granted the appellants the benefit of doubt. Consequently, the court set aside the convictions and ordered the release of the accused if not required in any other case. The judgment also directed the refund of any fines paid by the appellants.
This case highlights the judiciary's commitment to upholding the principle that an accused is innocent until proven guilty beyond reasonable doubt, ensuring that justice is administered fairly and justly.
Bottom Line :
Appeal against conviction and sentence under IPC Sections 364, 302, 201, 379, and 302 r/w 109 - Prosecution failed to establish guilt beyond reasonable doubt - Confession and circumstantial evidence found unreliable - Accused acquitted.
Statutory provision(s): Section 364 IPC, Section 302 IPC, Section 201 IPC, Section 379 IPC, Section 302 r/w 109 IPC, Section 27 of the Indian Evidence Act, 1872, Section 374(2) Cr.P.C., Section 313 Cr.P.C.
