Allahabad High Court Acquits Man After 24 Years in Jail: Conviction Based Solely on Section 313 CrPC Admission Held Unconstitutional
Case Background and Procedural History The Allahabad High Court has set aside the conviction of Azad Khan, who had spent nearly 24 years in prison following a life sentence awarded in 2002 in connection with a dacoity case. The trial court had convicted him under Section 395 (dacoity) and Section 397 (robbery or dacoity with attempt to cause death or grievous hurt) of the Indian Penal Code, solely on the basis of his admission recorded during his statement under Section 313 of the Code of Criminal Procedure (CrPC). The conviction arose from allegations that in the year 2000, the appellant, along with 10–15 unidentified miscreants, allegedly entered the complainant’s residence, assaulted family members, looted valuables, and opened fire, injuring three persons. Conviction Based Solely on Section 313 CrPC Admission — Judicial Scrutiny The Division Bench comprising Justice JJ Munir and Justice Sanjiv Kumar observed that the trial court had erroneously premised the conviction exclusively o...