Justice Prevails: Supreme Court Acquits Wahid and Anshu in Robbery Case


Court: Supreme Court of India.

Case Name: WAHID vs. STATE GOVT. OF NCT OF DELHI.

Citation: 2025 INSC 145 (Reportable)

Introduction

This article delves into the Supreme Court of India’s judgment in the case of Wahid vs. State Govt. of NCT of Delhi, where the court overturned the convictions of Wahid and Anshu, who had been earlier found guilty of robbery and offences under the Arms Act by lower courts. The judgment, delivered on February 4, 2025, highlights critical flaws in the prosecution's case, particularly concerning the manner of arrest and identification of the accused. The case underscores the importance of thorough investigation, credible evidence, and the principle of "benefit of doubt" in the Indian legal system.

Background

The case arises from a robbery that occurred on the night of December 3, 2011, in a Gramin Sewa (mini-bus) in Delhi. Four individuals, armed with knives, a screwdriver, and a country-made pistol, robbed the passengers of their mobile phones and cash. A First Information Report (FIR) was filed at PS Nand Nagri, Delhi, against unknown persons. The Trial Court convicted Wahid and Anshu under Section 392 (punishment for robbery) read with Section 397 (robbery with attempt to cause death or grievous hurt) of the Indian Penal Code (IPC). Anshu was additionally convicted under Section 25(1) of the Arms Act. The High Court of Delhi upheld these convictions. Wahid and Anshu then appealed to the Supreme Court against the High Court's decision.

Key Themes and Findings

Doubtful Arrest

The Supreme Court found the prosecution's narrative regarding the arrest of the four accused highly improbable. The prosecution claimed that the complainant (PW-1) spotted the four accused, who were not related, standing together at a bus depot near a police station two days after the incident, and that they possessed weapons matching those used in the robbery. This was deemed too convenient. The fact that the accused were arrested late at night (post 10 pm) during the winter months was considered odd. There were discrepancies between the testimonies of the police witnesses (PW-10 and PW-13) regarding the location where the information about the presence of the accused was received, and these statements did not fully align with that of the complainant PW-1. Additionally, there was no log of information being recorded at the police station, which would have been normal practice. The complainant's (PW-1's) claim of going out at night to hand over a mobile purchase receipt after being a recent victim of robbery was deemed improbable, casting doubts on the whole process of identification and arrest. PW-1 contradicted himself, stating that he saw the accused for the first time on the date of the occurrence of the robbery and then in court during trial, thereby negating that he could have identified them after two days at the bus depot as claimed by the prosecution.

Unreliable Identification

The Court also questioned the credibility of the identification of the accused. The robbery occurred at night, and the accused were not known to the witnesses. Multiple witnesses, who were present at the scene of the crime, stated that the accused were not the perpetrators. One witness stated that it was too dark to recognise anyone. The investigating agency failed to conduct a Test Identification Parade (TIP). The court noted, “Admittedly, no test identification parade was conducted and the statement of PW-1 was recorded in court on 28.05.2013, that is, after 16 months of the incident.” PW-1 identified the accused after 16 months, and PW-5 & PW-6 identified the accused after 4 years of the incident during dock identification in court. With no prior TIP and the unreliability of the witness identifications, the court gave very little weight to their evidence. PW-6, who claimed to have identified the accused at the police station on 06.12.2011, stated he went there without being summoned and was a resident of Aligarh; his presence at the police station in Delhi at 7.30 am that morning was found improbable by the court.

Blank Paper Signatures

The witness (PW-1) stated that his signatures were obtained on blank papers, raising questions about the validity of the seizure memorandums. The court noted that "It is correct that IO obtained my signature on blank papers and had not recorded my statement. It is further correct that statement Ex. PW1/A bears my signature at point A, but at that time it was blank".

No Recovery of Looted Items

The absence of recovery of any stolen articles from the accused undermined the prosecution's case. The court noted: "One such corroborative piece of evidence could be recovery of looted articles from the accused which, in the present case, is absent inasmuch as the trial court has already acquitted the appellant(s) of the charge of offence punishable under Section 411 IPC ".

Benefit of Doubt

Given these inconsistencies and the lack of credible corroborating evidence, the Supreme Court concluded that the appellants should have been given the benefit of the doubt. The court observed, "In such circumstances, and in absence of corroborative evidence of recovery of looted articles at the instance of or from the accused persons, in our view, this was a fit case where the appellants should have been given the benefit of doubt ". The Court stressed that in cases where accused persons are unknown and witnesses do not know them, the evidence regarding how the investigating agency derived a clue about the involvement of the accused, the manner of arrest, and identification must be meticulously examined.

Supreme Court Decision

Acquittal

The Supreme Court allowed the appeals and set aside the judgment of the High Court, acquitting Wahid and Anshu of all charges.

Bail Bonds Discharged

The appellants, who were on bail, were relieved from surrendering, and their bail bonds were discharged.

Rationale

The Supreme Court’s reasoning for acquitting Wahid and Anshu rested on several critical points. The court emphasized that when dealing with unknown accused persons, the investigation must be thorough and meticulously examined. The court highlighted the improbability of the arrest scenario, noting that the idea of four unrelated individuals being spotted together at a public place with matching weapons so soon after the incident seemed contrived. The inconsistencies in the testimonies of the police and the complainant regarding the location of the information about the accused further weakened the prosecution's case. The absence of a Test Identification Parade (TIP), coupled with delayed and contradictory dock identifications, rendered the witness testimonies unreliable. The court also noted that the lack of recovery of any stolen articles from the accused further weakened the prosecution's case. Given these factors, the court ruled that the benefit of doubt should be extended to the accused. The Court also noted that even if few witnesses supported the prosecution, this alone is not enough to convict the accused.

Excerpt

  • "One such corroborative piece of evidence could be recovery of looted articles from the accused which, in the present case, is absent inasmuch as the trial court has already acquitted the appellant(s) of the charge of offence punishable under Section 411 IPC."
  • "It is correct that IO obtained my signature on blank papers and had not recorded my statement. It is further correct that statement Ex. PW1/A bears my signature at point A, but at that time it was blank.”
  • "In such circumstances, and in absence of corroborative evidence of recovery of looted articles at the instance of or from the accused persons, in our view, this was a fit case where the appellants should have been given the benefit of doubt."
  • "Admittedly, no test identification parade was conducted and the statement of PW-1 was recorded in court on 28.05.2013, that is, after 16 months of the incident."
  • "Out of the remaining four, three including the driver categorically stated that the accused persons are not those who robbed the passengers that night. The fourth one stated that it was too dark, therefore, he is unable to recognise."
  • "Admittedly, memory of those witnesses was not tested through a test identification parade."

Points to Remember

  • Importance of Thorough Investigation: This judgment emphasizes the critical need for thorough and credible investigations, particularly when dealing with unknown accused and night-time incidents.
  • Significance of Corroborating Evidence: Mere identification, especially in the absence of a proper TIP, is insufficient for conviction. Corroborating evidence, such as the recovery of stolen articles, is essential.
  • Benefit of Doubt: When there are serious doubts about the prosecution's case, particularly the manner of arrest and identification of the accused, the benefit of the doubt must go to the accused.
  • Judicial Scrutiny: The courts, especially the appellate courts, have to be circumspect and meticulously examine the evidence, particularly when there is reasonable doubt.
  • Reliability of Witness Testimony: The court questioned the reliability of the testimony of some of the main witnesses for the prosecution, especially PW-1, and the court's observation on PW-6 was also significant.
  • Test Identification Parade: It's crucial to conduct a Test Identification Parade (TIP) to ensure reliable identification of suspects, particularly when the accused are unknown to the witnesses.
  • Dock Identification: Identification in court years after the incident, without prior procedures like a TIP, cannot be solely relied upon for a conviction.

Conclusion

The Supreme Court’s decision in Wahid vs. State Govt. of NCT of Delhi serves as a crucial reminder of the importance of fair trial principles, proper investigation, and strong evidence before a conviction can be sustained. This case underscores that the judiciary must rigorously examine the circumstances of arrest and seizure, the reliability of identification procedures, and the credibility of witness testimonies. The acquittal of Wahid and Anshu highlights the importance of the "benefit of doubt" in cases where evidence is weak or inconsistent.

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