In a significant ruling highlighting the right to a fair trial, the Allahabad High Court has overturned the life imprisonment conviction of a man who spent nearly 24 years in prison for dacoity. The court found that his confession was driven by fear for his life and that he was denied legal aid.
A Conviction Based Solely on a Statement
The case dates back to the year 2000, when it was alleged that the appellant, Azad Khan, along with 10-15 others, entered an informant's house in Mainpuri, assaulted family members, looted cash and jewellery, and opened fire, injuring three people. His trial was separated after he filed a confession application.
In February 2002, the trial court convicted Azad Khan under sections 395 (dacoity) and 397 (robbery or dacoity with attempt to cause grievous hurt) of the IPC. The verdict was delivered solely based on his admission in his statement recorded under Section 313 of the Criminal Procedure Code (CrPC). The court had observed that he admitted guilt and acknowledged being part of the gang.
High Court Scrutiny Reveals a Tragic Flaw
Challenging the conviction, Azad Khan moved the High Court. A division bench comprising Justice JJ Munir and Justice Sanjiv Kumar scrutinized the trial record in their December 19 order.
The bench discovered a shocking detail: the appellant had filed as many as seven confession applications where he expressed a fear that he would be killed by the informant in collusion with the police if released. He essentially prayed to remain in jail to save his life.
"The court termed the incarceration of the appellant for almost 24 years as the sad part of the matter," noting his admission was likely driven by fear rather than being a genuine confession.
Violation of Fundamental Rights and Legal Procedure
The High Court found multiple critical lapses in the trial process:
- The prosecution failed to adduce any corroborative or incriminating evidence and did not examine any witness of fact.
- The appellant had no assistance of an advocate and was not offered any legal aid.
- This violated his right to a fair trial under Article 21 of the Constitution (right to life and personal liberty).
- It also constituted a violation of Section 304 CrPC, which mandates free legal aid at the state's expense for accused persons.
The bench ruled that a conviction cannot be premised solely on an admission made under Section 313 CrPC, especially without corroborative evidence and when made under pressure.
Acquittal and Immediate Release Ordered
The High Court concluded that the trial judge failed to notice the appellant was confessing out of fear for his life. It held that the trial court erred in convicting him as the prosecution "miserably failed" to connect him with the offence.
Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted Azad Khan of all charges. He has been directed to be released forthwith, ending his nearly quarter-century-long ordeal behind bars.
