Court identifies crucial lapses in evidence, including delayed witness identification and uncorroborated confessions, leading to bail during appeal.
In a significant development, the Bombay High Court granted bail to Sachin Prakashrao Andure, convicted for the murder of Dr. Narendra Dabholkar, citing weak evidence. Dr. Dabholkar, a prominent rationalist and social worker, was assassinated in Pune in 2013. The decision, rendered by a division bench comprising Justices Sarang V. Kotwal and Ranjitsinha Raja Bhonsale, highlighted several critical lapses in the prosecution's case.
The court meticulously evaluated the evidence, underscoring the delayed identification of the accused by key witnesses, which occurred nearly a decade after the incident. The absence of a Test Identification Parade (TIP) further weakened the prosecution's case. Witnesses were shown photographs instead, which the court noted as insufficient for reliable identification.
Moreover, the court raised concerns over the extra-judicial confession attributed to the applicant, which lacked corroboration and was disclosed five years post-incident. The confession, made to a solitary witness, was deemed unreliable due to the absence of supporting evidence and the significant delay in disclosure.
The court also pointed out the unexplained ballistic evidence, which suggested the involvement of other weapons, yet no further investigation was pursued in that direction. This loose end in the investigation cast further doubt on the prosecution's narrative.
The Bombay High Court emphasized that the evidence against Andure was extremely weak, thereby granting bail pending appeal. The court's decision drew parallels to a co-accused in the case, Sharad Kalaskar, who was previously granted bail. The bench ordered Andure’s release on a personal bond, subject to specific conditions, including periodic attendance at the local police station.
This judgment underscores the judiciary's cautious approach in ensuring that convictions are supported by robust evidence, especially in cases involving significant societal impact.
Bottom Line :
Grant of bail pending appeal in cases involving weak evidence such as delayed identification by witnesses, lack of corroboration to extra-judicial confession, and unexplained loose ends in the investigation.
Statutory provision(s): Indian Penal Code Sections 302, 34; Criminal Procedure Code Sections 389, 164, 293; Evidence Act Section 3.
Sachin Prakashrao Andure v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc id # 2962545
