Delay in FIR and unreliable recovery evidence made the prosecution case unsafe, leading to acquittal.
SC held that a murder and theft conviction could not be sustained where unexplained delay of more than 20 hours in lodging the FIR, despite nearby police access and an asserted immediate disclosure, cast serious doubt on the prosecution version. The Court also found the recovery evidence unsafe because of discrepancies over custody of the ornaments, non-examination of a material witness, and improbable circumstances surrounding the alleged conduct of the accused. On the overall evidence, the prosecution failed to establish guilt on a safe and reliable basis, and the conviction and sentence were set aside, resulting in acquittal.
Issues: Whether the conviction for murder and theft could be sustained on the prosecution evidence in view of the delay in lodging the first information report and the inconsistencies in the evidence relating to the alleged recovery of the knife and ornaments.
Analysis: The prosecution relied mainly on an alleged eye-witness account and the evidence supporting recovery of the weapon and ornaments. The first information report was lodged after a delay of more than 20 hours, despite the police station being nearby and despite the claim that the occurrence was immediately known to witnesses. Such delay, in the facts of the case, created serious doubt about the spontaneity and veracity of the prosecution version. The evidence regarding recovery was also found unsatisfactory because of discrepancies as to with whom the ornaments were kept, non-examination of a material witness, and circumstances making the alleged conduct of the accused improbable. On an overall appraisal, the evidence was found unsafe for sustaining the conviction.
Conclusion: The conviction could not be upheld and the accused was entitled to acquittal.
Final Conclusion: The prosecution failed to establish guilt beyond a safe evidentiary basis, so the conviction and sentence were set aside.
Ratio Decidendi: A conviction cannot be sustained where unexplained delay in lodging the FIR and material infirmities in corroborative evidence render the prosecution version unsafe and unreliable.
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