SC: Lack of motive in a case based on circumstantial evidence is a factor favourable to the accused [Read Order]

If the motive of the accused in not established in a case which is to be assessed on the parameter of circumstantial evidence, then the same is taken in the favor of accused, Supreme Court reinstated.

Case of the Appellant

The accusers were accused of murder. The charge was confirmed by the Himachal Pradesh High Court. However via appeal the accusers pleaded before the Hon’ble Supreme Court to be non guilty and thus prayed to release the charge of murder framed upon them.

The contention raised in the appeal by the accused was that since the prosecution has failed to establish the motive for the above stated charge, thus the accused is to be acquitted on the lack of clear motive.

Further, it was contended that the recovery of jeep from Chandigarh and recovery of photographs and the recovery of mobile phone belonging to PW7 from the jeep create a cloud of suspicion as there is no clue or proper information in respect to the recoveries or no direct link to strengthen the case and charges against the accused. It was contended that the Court also took into note that the investigating officer did not follow the procedure as required under Section 166 (3 & 4) and Section 100 (4) Cr.PC.

Observation of the Court

It was held by the Court that though it is set proposition of law that solely in the absence of motive one cannot set aside the entire case, as held in the case of Suresh Chandra Bahri v. State of Bihar 1995. In this case it was explicitly held that if motive of the accused is established, it makes a direct link with the circumstantial evidence but the absence of the same cannot be a ground to dismiss the case entirely.

However simultaneously the Court also took into consideration the precedent case of Babu, wherein it was held that the absence of motive in a case which is to be assessed on the basis of circumstantial evidence, there the lack of motive will strengthen the case of the accused.

Thus the Bench allowed the appeal and held that the findings made by the High Court and the judgment thus pronounced by the High Court of reversal of acquittal order pronounced by the trial court is not justified as the trial court took into consideration all the valid circumstantial evidence or record and after proper application of mind the charges were dropped.

Thus the Hon’ble Supurme Court restored the order of the trial Court and allowed the appeal; by stating that in the present case the failure of establishment of vivid motive of the accused demands their acquittal.

Case Details:

Before: Supreme Court

Case Title: Anwar Ali and another v. State of Himachal Pradesh

Quorum: Hon’ble Mr. Justices Ashok Bhushan, R Subhash Reddy and MR Shah

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