Can a man lose 23 years of his life on weak evidence and tutored testimony? Allahabad High Court sets aside murder conviction, raising serious questions on wrongful imprisonment of husbands.
PRAYAGRAJ: In a shocking case that raises serious concerns about wrongful conviction of men, the Allahabad High Court has acquitted a man who spent nearly 23 years in jail for the alleged murder of his wife and three children. The Court found that the prosecution failed to conclusively prove that he committed the crime.
The 10-page judgment was delivered by a Bench of Justice Siddharth and Justice Jai Krishna Upadhyay. The Court described the case as a serious reflection on the criminal justice system and observed that deep introspection is required.
The Bench stated that real corrective steps such as increasing the number of judges, support staff and improving infrastructure are urgently needed. It clearly noted that only holding meetings and conferences will not improve the system.
While acquitting the man, the Court made a painful observation about his future, stating that his suffering may not end with his release.
The Bench said:
“His parents and siblings may not be alive. His wife and three children have already died and whether his surviving son, P.W.-2, Ajeem, who must be now aged about 25-26 years now, will welcome his father to his house is also not certain”.
As per the prosecution story, on the night of 29–30 August 2003, the accused Raees allegedly killed his wife and three children by slitting their throats with a knife after a domestic dispute. The FIR was lodged by the deceased woman’s uncle. The trial court convicted him for four murders and sentenced him to life imprisonment.
However, during the appeal, the High Court carefully examined the evidence, especially the testimony of the only alleged eyewitness – his 5-year-old son Azim (PW2), who survived.
During cross-examination, the child admitted that he had given statements after being tutored by the informant and a government advocate. He also revealed that he was threatened that he would be thrown out of the informant’s house if he did not speak as instructed.
Most importantly, the child stated that his father was not present in the village at the time of the incident. He said that his father had gone to sell husk and returned the next morning after being informed on phone about the deaths.
The boy further stated that when his father came home and cried on seeing the dead bodies, his clothes got stained with blood. After that, an argument happened between his father and the informant, following which the police arrested him.
The High Court also noted that there was prior enmity between the informant and the accused due to a land dispute. This raised serious doubts about the motive behind the allegations.
The Court rejected the prosecution’s reliance on so-called extra-judicial confessions allegedly made by the accused to two witnesses. It found these confessions weak and unreliable.
Relying on the Supreme Court judgment in Sahadevan vs. State of Tamil Nadu, the Bench observed that the statements of these witnesses were recorded after an unexplained delay of two months. The Court found it highly improbable that the accused would confess to people from another village who were neither close to him nor influential.
Medical evidence also contradicted the prosecution version. The post-mortem reports showed that the injuries were caused by a very heavy sharp weapon that almost severed the necks of the deceased. This did not match the prosecution’s claim that an ordinary knife recovered at the instance of the accused was used in the crime.
The Court also noted evidence of police brutality. There was material suggesting that the accused was beaten in custody and even had his nails pulled out. This directly contradicted the Investigating Officer’s claim that no such custodial violence took place.
Taking all these facts together, the Bench held that although the crime was brutal, the prosecution failed to prove beyond doubt that the accused alone committed it. The evidence was not strong enough to sustain a conviction.
Accordingly, the High Court gave him the benefit of doubt and ordered his immediate release, if he was not required in any other case.
This case highlights how a man can lose more than two decades of his life in prison due to weak evidence, influenced testimony and systemic failures. While the Court has finally corrected the legal error, no judgment can return the 23 years he spent behind bars.
Explanatory Table – Laws And Sections Involved
| Law / Section | Title / Provision | Purpose in Law | How It Applied in This Case | High Court’s View |
| Section 302 IPC | Punishment for Murder | Provides punishment (death or life imprisonment) for murder | Accused was charged and convicted by trial court under this section for alleged murder of wife and three children | Conviction set aside; prosecution failed to conclusively prove guilt |
| Section 161 Cr.P.C. | Examination of Witness by Police | Allows police to record statements during investigation | Statements of witnesses including alleged confession witnesses were recorded under this section | Delay of two months in recording statements created serious doubt |
| Section 313 Cr.P.C. | Examination of Accused | Enables court to question accused to explain evidence against him | Accused denied allegations and claimed false implication due to enmity | His defence found probable in light of contradictions in prosecution case |
| Law on Extra-Judicial Confession (as per Supreme Court in Sahadevan vs State of Tamil Nadu) | Judicial principles governing reliance on extra-judicial confession | Extra-judicial confession is weak evidence and requires strong corroboration | Prosecution relied on alleged confession before two witnesses from another village | Court held such confession lacked credibility and could not sustain conviction |
Case Details
- Case Title: Raees vs State of U.P.
- Court: High Court of Judicature at Allahabad
- Case Number: Criminal Appeal No. – 83 of 2005
- Court No.: Court No. – 46
- Reserved On: 28.01.2026
- Delivered On: 16.02.2026
- Bench: Hon’ble Siddharth, J. & Hon’ble Jai Krishna Upadhyay, J.
- Counsel for Appellant: Amit Singh
- Counsel for Respondent (State): Govt. Advocate
Key Takeaways
- A man lost 23 years of his life due to unreliable evidence, including a tutored child witness and delayed statements, showing how easily a husband can be wrongfully convicted.
- Extra-judicial confession, a weak form of evidence, was used to sustain a life sentence — the High Court rightly rejected it as unsafe and uncorroborated.
- Medical evidence did not match the prosecution’s weapon theory, exposing serious flaws in investigation and trial court appreciation of facts.
- Evidence of custodial violence and contradictions by the Investigating Officer raised grave concerns about fairness in the criminal process.
- The case is a stark reminder that when due process fails, men pay the highest price — not just in reputation, but in decades of lost life, broken families, and irreversible damage.
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