Delhi HC acquits two men convicted of murder over two decades ago

The Delhi High Court has set aside the conviction and life sentence of two men for allegedly committing a murder over 26 years ago and acquitted them of all charges, holding that they cannot be held guilty merely because they were “last seen together” with the deceased.

A bench headed by Justice Suresh Kumar Kait, while deciding their appeals against the trial court’s decision of October 2001, maintained since they were working with the deceased, their being together cannot not be said to be unusual. and the testimony of the witnesses did not inspire confidence.

The bench, also comprising Justice Manoj Jain, added as the accused and deceased were working together, the “‘Last seen theory’ should be applied taking into consideration the case of the prosecution in its entirety and keeping in mind the circumstances that precede and follow the point of being so last seen.