Allahabad High Court Overturns 43-Year-Old Conviction in Landmark Dacoity Case
In a significant legal development, the Allahabad High Court has acquitted three elderly men who were convicted 43 years ago in a 1982 dacoity case. The court ruled that the prosecution's evidence was weak and riddled with inconsistencies, leading to the overturning of their convictions.
Justice Avnish Saxena's Ruling on February 16
Justice Avnish Saxena allowed the criminal appeal on February 16, setting aside the convictions recorded in 1983 by a special sessions court in Uttar Pradesh's Badaun district. The judgment emphasized that the surviving appellants could not be held guilty for the offense of dacoity or any other minor offense, citing incorrect appreciation of evidence at the trial and entitling them to the benefit of doubt.
Background of the 1982 Dacoity Case
The case originated from a crime reported on July 27, 1982, at the Ujhani police station in Badaun, invoking sections 395 (dacoity) and 397 (dacoity with attempt to cause death or grievous hurt) of the Indian Penal Code. Seven men had initially challenged the trial court's 1983 verdict, but the appeal saw a long and arduous journey through the legal system.
Original Convictions and Sentences
The trial court had convicted Ali Hasan, Narain, and Nandey under section 395, sentencing them to five years of rigorous imprisonment. Omkar, Harpal, Latoori, and Mehdi were convicted under sections 395 read with 397, receiving seven years of rigorous imprisonment. Tragically, Narain, Nandey, Omkar, and Mehdi died during the pendency of the appeal, leading to the abatement of their cases by an order dated February 21, 2019.
High Court's Findings on Evidence
In allowing the appeal of the three surviving men—Ali Hasan, Harpal, and Latoori—the High Court identified material contradictions in witness testimony and significant gaps in the prosecution's proof. Specifically, Ali Hasan was acquitted of the section 395 charge, while Harpal and Latoori were acquitted of charges under sections 395 read with 397. The court's decision underscores the importance of robust evidence in criminal proceedings and serves as a reminder of the judicial system's commitment to justice, even after decades.
