Home / Crime and Justice / Court Overturns Conviction Over Missing Viscera Report
Court Overturns Conviction Over Missing Viscera Report
6 Jul
Summary
- Viscera report not put to accused, conviction overturned.
- Supreme Court rulings cited on evidence disclosure.
- Procedural flaws and evidence chain issues noted.
The Allahabad High Court has acquitted a man, his father, and brother in a 1986 dowry death case, overturning their 1989 conviction. The pivotal decision, made on June 3, centered on a critical procedural lapse: the viscera report was never formally presented to the accused during their examination under Section 313 of the CrPC.
The bench emphasized that scientific evidence like a viscera report, which detected the pesticide zinc phosphide in the deceased, cannot form the basis of a conviction if the accused are not given an opportunity to explain it. This principle aligns with Supreme Court rulings.
Furthermore, the court identified significant deficiencies in the prosecution's handling of the evidence. Issues included the lack of proper record-keeping for the viscera sample's preservation and its transport, as well as no expert testimony confirming its untampered condition.
The court also questioned the prosecution's theory of forcible poisoning, noting the nature of zinc phosphide and the absence of struggle injuries. With the viscera report excluded due to these procedural and evidential flaws, the conviction could not be sustained, leading to the acquittal.
