In a significant ruling, the Allahabad High Court has set free a man who spent nearly 24 years behind bars after it found his conviction for dacoity was based solely on a confession likely made out of fear for his life. The court strongly criticized the trial court's failure to notice this crucial aspect and the complete absence of corroborative evidence.
A Conviction Based Solely on Admission
The case dates back to February 2002, when a trial court in Mainpuri convicted Azad Khan under Indian Penal Code Sections 395 (dacoity) and 397 (robbery or dacoity with attempt to cause death or grievous hurt). The verdict was delivered by the special judge (DAA)/additional sessions judge. Shockingly, the conviction rested entirely on Khan's own admission recorded in his statement under Section 313 of the Code of Criminal Procedure (CrPC).
High Court's Scathing Observations
A division bench comprising Justice JJ Munir and Justice Sanjiv Kumar delivered the verdict on December 19. The bench meticulously examined the case and found glaring faults. It ruled that a conviction cannot be based solely on an admission in a CrPC Section 313 statement, especially when the prosecution fails to provide any supporting or incriminating evidence to connect the accused to the crime.
The judges noted the "sad part of the matter" was Khan's incarceration for almost 24 years. They concluded his so-called admission of guilt was "likely driven by fear for his life rather than being a genuine confession." The trial court had completely failed to consider this possibility.
Violation of Right to Fair Trial and Legal Aid
The High Court highlighted another major miscarriage of justice. It observed that the appellant had no assistance from an advocate during the trial and was not offered or provided any legal aid. This, the court stated, constituted a clear violation of the right to a fair trial guaranteed under Article 21 of the Constitution (right to life and personal liberty). It also breached CrPC Section 304, which mandates providing legal aid to the accused at the state's expense if they cannot afford it.
Acquittal and Immediate Release Ordered
Consequently, the Allahabad High Court allowed the appeal. It set aside the conviction and life sentence, acquitting Azad Khan of all charges. The court directed that he be released forthwith from Mainpuri jail. The ruling underscores the fundamental legal principle that a confession without corroboration, particularly one possibly extracted under duress, cannot form the sole basis for depriving a person of their liberty for decades.
