The Hon’ble Supreme Court in Anwar Ali v. State of Himachal Pradesh (Cr Appeal No 1121 of 2016) emphasized that lack of motive in a case based on circumstantial evidence is an element that weighs in favor of the accused. The bench comprising Hon’ble Justices Ashok Bhushan, R. Subhash Reddy, and Mr. Shah turned down the conviction recorded by the Hon’ble Himachal Pradesh High Court and restored the dismissal of two accused Anwar Ali and Sharif Mohammad. The accused argued in the appeal before the Hon’ble Apex Court that the prosecution failed to establish and prove the motive and hence, the accused deserves acquittal. In this regard, the bench observed: 

"It is true that the absence of proving the motive cannot be a ground to reject the prosecution case. It is also true and as held by this Court in the case of Suresh Chandra Bahri v. State of Bihar 1995 Supp (1) SCC 80 that if the motive is proved that would supply a link in the chain of circumstantial evidence but the absence thereof cannot be a ground to reject the prosecution case. However, at the same time, as observed by this Court in the case of Babu (supra), the absence of motive in a case depending on circumstantial evidence is a factor that weighs in favor of the accused".

It was also proved that even the recovery of jeep also raises several doubts. Moreover, the court noted that the procedures as required under Section 166 (3) & (4) and Section 100 (4) Cr.Pc. by the investigating officer were not followed. According to the prosecution and the IO, he received secret information that one jeep is lying in abandoned condition on the Chandigarh road and though the distance was around 300 kilometers, he straightway went to Chandigarh and recovered the jeep in the presence of Bhunter people brought by him. Non ­following of the aforesaid provisions alone may not be a ground to acquit the accused. However, considering the overall surrounding circumstances and in a case where recovery is seriously doubted, non­compliance of the aforesaid plays an important role. 

Also, the bench observed that the findings recorded by the trial court, were based on the praise of the entire evidence on record and/or it cannot be said that the trial court did consider any material evidence on record. Allowing the appeal the Hon’ble Court added that we are of the opinion that according to the facts and circumstances of the case, the High Court is not justified in turning down the order of acquittal passed by the learned Trial Court.  

Read the judgment here. [pdf]

-This news has been reported by Ms. Urvi Yadav