SC Acquits Man Convicted of Murder and Rape of Elderly Woman: Finds Investigation Flawed and Evidence Inconclusive

The appellant, Mohamed Sameer Khan, challenged before the Supreme Court the Madras High Court judgment dated October 28, 2021, affirming his conviction and life sentence imposed by the Second Additional Sessions Judge, Special Court for Bomb Blast Cases, Coimbatore, for offenses under Sections 302 (murder), 376 (rape), 394 (robbery), and 449 (house-trespass) IPC. The conviction arose from the alleged rape and murder of an 85-year-old woman in December 2016.

The defence contended that the case rested entirely on circumstantial evidence, without direct or scientific proof linking the appellant to the crime. It was argued that key witnesses were not examined, and the recovery of jewellery was fabricated. The State relied on the recovery of the deceased’s gold bangles from the appellant, his alleged presence near the scene, and consistent concurrent findings of guilt by the lower courts.

Issue Raised: Whether the conviction of the appellant could be sustained solely on circumstantial evidence where crucial investigative lapses and missing links existed.

SC’s Decision: The Supreme Court found that the prosecution failed to establish an unbroken chain of circumstances proving the appellant’s guilt beyond a reasonable doubt. The Court noted multiple deficiencies, like the absence of forensic evidence (no fingerprints, hair, skin, or blood samples linking the appellant), the doubtful recovery of the bangles allegedly found two days later, and the failure to examine key witness Marcus, who was last with the appellant. The “informant” leading to the arrest remained unidentified, and no test-identification parade was held.

The Bench (Dipankar Datta and Augustine George Masih, JJ.) held that suspicion, however strong, cannot replace proof. The investigation appeared inconsistent and incomplete, leaving substantial gaps in the chain of events. Applying settled law on circumstantial evidence, the Court ruled that the benefit of the doubt must go to the accused.

Hence, the appeal was allowed. The conviction and sentence dated 17 November 2017 and 28 October 2021 were set aside. Mohamed Sameer Khan was acquitted of all charges and ordered to be released forthwith from Central Prison, Coimbatore, unless required in any other case.

To Read Full Judgment, Download PDF Given Below.