RAIPUR: Chhattisgarh HC has put aside a trial courtroom’s conviction of a person of arson, homicide, and offences beneath the SC/ST Prevention of Atrocities Act, noting that it could be “unsafe” to base a conviction on a dying assertion alone, reviews Partha Behera.
A division bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, pointed to a “grave legal error” within the decrease courtroom’s reliance on a dying declaration and the testimony of injured witnesses, stating that the prosecution had didn’t show its case past affordable doubt.
The case dates to Could 2018, when Mona Singh died in a home fireplace. A particular SC/ST courtroom sentenced her brother Arjun to life in 2020 primarily based on her dying declaration and witness statements. HC discovered inconsistencies, together with no certification of Mona’s psychological state and lack of corroborative proof.
HC acquitted Arjun of all costs, ordered his launch, and directed him to furnish a bond with sureties for a potential SC attraction.
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