Custodial death evidence and acquittal review: court refused interference yet ordered compensation and an independent enquiry.

In a custodial death prosecution, the Court reiterated that an acquittal will not be disturbed where the evidence contains material inconsistencies, unexplained delay, omission of the accused's name in early versions, unreliable support for an alleged dying declaration, non-examination of a material witness, and improbabilities in the manner of assault. On that basis, interference with the High Court's acquittal was declined and the acquittal was affirmed. At the same time, the Court exercised Article 142 powers to direct compensation and an independent enquiry because the record disclosed disturbing lapses and unresolved circumstances, while expressly leaving the acquittal intact and preserving other legal remedies.

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Issues: (i) Whether the evidence on record justified interference with the High Court's acquittal in a custodial death prosecution. (ii) Whether compensation and further enquiry could be directed despite affirming the acquittal.

Issue (i): Whether the evidence on record justified interference with the High Court's acquittal in a custodial death prosecution.

Analysis: The evidence was found to be fraught with material inconsistencies and doubtful features, including unexplained delay in filing the complaint, omission of the accused's name in early versions, lack of reliable support for the alleged oral dying declaration, non-examination of a material witness, and improbabilities in the claimed manner of assault. In a prosecution for custodial violence, the Court reiterated that while sensitivity is required, conviction must still rest on trustworthy evidence and the Court must separate truth from embellishment. On the totality of circumstances, the acquittal recorded by the High Court was held to be justified.

Conclusion: Interference was declined and the acquittal was affirmed.

Issue (ii): Whether compensation and further enquiry could be directed despite affirming the acquittal.

Analysis: Although the criminal appeal failed, the Court found that the record disclosed disturbing lapses and unresolved circumstances surrounding the injuries suffered by the deceased. Exercising jurisdiction under Article 142 of the Constitution, the Court held that a compensatory direction and an independent enquiry were warranted as palliative relief, without affecting the acquittal or foreclosing civil or departmental proceedings.

Conclusion: Compensation was directed and an enquiry was ordered, while the acquittal remained undisturbed.

Final Conclusion: The criminal appeal did not succeed, but the Court granted compensatory and investigative directions in exercise of its extraordinary powers, leaving the acquittal intact and preserving other remedies in law.

Ratio Decidendi: In a custodial violence case, an appellate court will not disturb an acquittal unless the prosecution evidence is trustworthy and free from material infirmities, and extraordinary constitutional power may still be used to grant compensatory or investigative relief without upsetting the acquittal.

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