Alok Singh
On 17th July 2025, the Calcutta High Court acquitted three death row convicts, all of whom had been sentenced to death for the murder and dismemberment of the victim.
The Division Bench comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi declared that the case failed to meet the threshold of proof beyond a reasonable doubt. The petitioner challenged the trial court order dated 22nd July, 2019, in which all the accused were convicted and sentenced.
The High Court noted that there was no credible evidence that proved the presence of any of the accused at the crime scene near the time of the murder. It also noted that the trial court wrongly relied on weak circumstantial evidence. Further, there was no credible forensic or testimonial link between the murderer and the accused. The Court observed that the entire case was based on suspicion and not proof beyond a reasonable doubt.
The court emphasised that the confessions under Section 164 CrPC should not be misused, and criminal cases require a high standard of proof. The Court declared the statement of one of the accused, Sanjoy Biswas, was inadmissible against the co-accused and did not confess to murder.
Hence, the High Court reinforces the principle that mere suspicion, even if strong, is not enough for conviction; and cautions against overreliance on Section 164 CrPC statements that are not corroborated by other evidence. Further, it implies that the death penalty case can be overturned due to procedural and evidentiary weaknesses.
Click here to access the order.
Case Name: Surajit Deb v. State of West Bengal
Case Number: 2025:CHC-AS:1327-D
Bench: Justice Debangsu Basak and Justice Md. Shabbar Rashidi
Instagram: Click Here
LinkedIn: Click Here
For Collaboration and Business: info.desikaanoon@gmail.com