Unexplained Delay In Recording "Last Seen" Statements And Procedural Lapses In Recoveries Vitiate Circumstantial Convictions

The deceased, Ramkishore, allegedly had illicit relations with Appellant No. 1 (Gulabi Devi). On 16.12.2012, he left for village Chakdaha to give ornaments to her and failed to return

PW-3 (brother of the deceased) claimed to have seen the deceased with the three appellants at 05:30 PM on the same day

On 23.12.2012, the deceased’s body was recovered near the Rapti River

The Trial Court convicted the appellants under Sections 302 and 201 of the IPC, sentencing them to life imprisonment based on circumstantial evidence including "last seen" theory and recovery of items

1. Whether the delay in lodging the FIR and recording the star witness's statement was fatal to the prosecution case

2. Whether the "last seen" theory was established given the time gap between the sighting and the estimated time of death

3. Whether the recoveries made at the instance of the accused satisfied the mandatory requirements of Section 27 of the Indian Evidence Act

4. Whether the mechanical examination of the accused under Section 313 Cr.P.C. vitiated the trial

Section 302 (Murder) and Section 201 (Causing disappearance of evidence) of the IPC

Section 27 of the Indian Evidence Act regarding the admissibility of information leading to discovery, emphasizing that the "authorship of concealment" and the exact words of the disclosure must be proved

Section 313 of the Cr.P.C., declaring it a mandatory procedural safeguard based on natural justice (audi alteram partem)

Precedents cited include Shahid Khan v. State of Rajasthan on unexplained delay in witness statements

Rajesh v. State of M.P. and Ramanand v. State of U.P. regarding the strict prerequisites for Section 27 recoveries

The Court found the prosecution's chain of circumstances broken at multiple links. First, an unexplained 7-day delay in lodging the FIR and a month-long delay in recording PW-3’s statement suggested the case was an afterthought

Second, the "last seen" evidence by PW-3 was rejected because the medical report suggested death occurred around 20.12.2012, creating a four-day gap from the sighting on 16.12.2012, during which the deceased could have met others

Third, the recoveries of the cap and muffler were deemed inadmissible under Section 27 as no prior disclosure statements were recorded, and the items were found in an open, accessible area

Fourth, the Trial Court’s Section 313 Cr.P.C. examination was found to be "mechanical" and vague, failing to put specific incriminating circumstances to the accused, thereby causing material prejudice

Finally, the alleged motive of illicit relations was found unsupported by evidence of animosity

The High Court allowed the appeal, set aside the Trial Court’s judgement and order dated 20.05.2022, and acquitted all appellants of the charges under Sections 302 and 201 IPC, directing their immediate release