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PRAYAGRAJ: Noting that the trial court failed to notice that the appellant was confessing to a crime out of fear for his life, the Allahabad high court has overturned the conviction of a man who spent almost 24 years in prison after being sentenced to life imprisonment in a dacoity case.The trial court had in 2002 delivered its verdict based solely on his admission in his statements recorded under CrPC Section 313. A division bench of Justice JJ Munir and Justice Sanjiv Kumar found fault with the trial judge for failing to notice that the appellant was confessing out of fear for his life.The high court concluded that the trial court erred in convicting the appellant as the prosecution had failed to connect him with the offence. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted Azad Khan of all charges. He is to be released forthwith from Mainpuri jail, the high court directed.The division bench ruled in its Dec 19 order that a conviction cannot be premised solely on an admission made in a statement under CrPC Sec 313, especially when the prosecution fails to adduce any corroborative or incriminating evidence. The court termed the incarceration of Azad Khan for almost 24 years as the sad part of the matter, noting that his so-called admission of guilt was likely driven by fear for his life rather than being a genuine confession. The Allahabad high court also noted that the appellant had no assistance of an advocate to defend himself and was not offered or provided any legal aid, which violated the right to a fair trial guaranteed under Article 21 of the Constitution (right to life and personal liberty) and also constituted a violation of CrPC Sec 304, which mandates legal aid, at the state’s expense, for the accused.In Feb 2002, the appellant was convicted under ICP Secs 395 (dacoity) and 397 (robbery or dacoity, with attempt to cause death or grievous hurt) by the special judge (DAA)/additional sessions judge, Mainpuri.
