PRAYAGRAJ: The Allahabad High Court has acquitted a man who spent about 23 years in jail after being convicted for the murder of his wife and three children, holding that the prosecution failed to conclusively prove his guilt.
A division bench of Justices Siddharth and Jai Krishna Upadhyay described the case as a “sad commentary on our criminal justice delivery system” and said it required serious introspection.
In its February 16 judgment, the court observed that “real remedial measures like increasing the number of judges, their supporting staff and infrastructure are the need of the hour as merely holding conferences and meetings can never ameliorate the situation”.
Acquitting the accused, Raees, the bench remarked that although he was being released, “his real punishment has not come to an end and his real ordeal will begin after his release”.
“His parents and siblings may not be alive. His wife and three children have already died and whether his surviving son Ajeem who must be aged about 25-26 years now will welcome his father to his house is also not certain,” the bench said.
According to the prosecution, on the intervening night of August 29-30, 2003, Raees allegedly slit the throats of his wife and their three children with a knife following a domestic dispute. The FIR was lodged by the deceased woman’s uncle.
The trial court had convicted him of four counts of murder and sentenced him to life imprisonment.
While hearing his appeal against conviction, the high court examined the prosecution evidence, including the testimony of the sole alleged eyewitness, the couple’s surviving five-year-old son, Ajeem.
The court noted that during cross-examination, the child admitted that he had given tutored statements at the behest of the informant and a government advocate. He also stated that he was threatened with eviction from the informant’s house if he did not testify as instructed.
The bench further took note of an existing land dispute between the informant and the accused, which it said cast doubt on the informant’s motives.
The court also examined the medical evidence, which contradicted the prosecution’s claim regarding the weapon used. The postmortem reports indicated that the fatal injuries were inflicted by a very heavy incised weapon that almost severed the necks of the deceased from their bodies.
The bench observed that this finding negated the prosecution’s theory that the injuries were caused by an ordinary knife allegedly recovered at the instance of the accused.
“While it was a gruesome murder of a mother and her three children in the most brutal manner, the prosecution’s evidence could not conclusively implicate and prove that the offence was committed by none other than the appellant,” it said.
Granting the benefit of doubt, the high court acquitted Raees and directed that he be released forthwith if not wanted in any other case.
