State Of Rajasthan vs Saifur @ Saifur Rehman Ansari S/o Abdul Rehman Ansari

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 343

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
PANKAJ BHANDARI, SAMEER JAIN, JJ.
State Of Rajasthan, Through P.P. – Appellant
Versus
Saifur @ Saifur Rehman Ansari S/o Abdul Rehman Ansari - Respondent
D.B. Criminal Death Reference No.2/2020, D.B. Criminal Appeal Nos.216/2022, 217/2022, 252/2022:
Decided on : 29-03-2023

Advocates:
Advocate Appeared:
For the Appellant : Ms. Rekha Madnani, Addl.G.A. assisted by Ms. Savita Nathawat
For the Respondent: Ms. Nitya Rama Krishnan, Sr. Adv. Assisted by Mr. Vibhor Jain, Mr. Shivam Sharma, Mr. Mayank Sapra, Mr. Syed Saddat Ali, Mr. Aswath Sitaraman, Mr. Raghav Tankha, Ms. Stuti Rai Mr. Shri Singh, Mr. Siddarth Satija, Mr. Rajat Kumar, Ms. Tusharika Mattoo, Ms. Ipsita Agarwal, Mr. Akash Sachan, Ms. Zehra Khan, Mr. Syed Saddat Ali Mr. Vishal Gosain, Ms. Seema Mishra, Ms. Deeksha Dwivedi, Mr. Harsh Bohra, Mr. Syed Saddat Ali Mr. Ashok Agarwal, Mr. Nishant Vyas, Mr. Mujahid Ahmed, Ms. Aditi Sarswat

Headnote:(A) Indian Penal Code, 1860 - Sections 302, 307, 324, 121-A, 124-A, 153-A; Explosive Substances Act, 1908 - Sections 3, 4, 5; Unlawful Activities (Prevention) Act, 1967 - Sections 13, 16(1)A, 18; Criminal Conspiracy - Conviction of accused for involvement in bomb blasts leading to death of 71 persons. Although circumstantial evidence was presented, guilt was not established beyond reasonable doubt. The prosecution failed to connect the accused to the crime through credible evidence or strong links, leading to an acquittal. (Paras 1, 5, 72, 90, 94, 96)

Issues: The Court considered if the conspiracy existed and whether adequate evidence supported the prosecution's claims about the accused's actions.

Ratio Decidendi: The Court held that the prosecution must prove every link in a conspiracy beyond reasonable doubt and that circumstantial evidence must form a complete chain. Since no such chain was established, the accused were deemed not guilty, and the death sentences were overturned.

Result: Appeals allowed. Acquittal of accused affirmed.

Table of Content
1. confirmation of death sentence and facts of the bombings. (Para 1 , 2 , 3 , 4 , 5)
2. arguments presenting the evidentiary relevance and consistency. (Para 6 , 8 , 14)
3. court's observations regarding the evidentiary process. (Para 9 , 12 , 18)
4. importance of circumstantial evidence and its standards. (Para 20 , 21 , 35 , 39 , 41)
5. final decision allowing acquittals and reversing conviction. (Para 94 , 96)

JUDGMENT :

Pankaj Bhandari, J.

D.B. Criminal Death Reference No.2/2020, D.B. Criminal Appeal Nos.216/2022, 217/2022, 252/2022:

1. Present D.B. Criminal Death Reference No.2/2020 has been moved by Court of Special Judge, Jaipur Bomb Blast Cases, Jaipur for confirmation of Death Sentence awarded by the Court vide judgment of conviction dated 18.12.2019 and order of sentence dated 20.12.2019 to accused Mohammad Saifurrehman, in Sessions Case No.2A/2010 – State Versus Mohammad Saif & Ors., FIR No.118/2008, Police Station, Kotwali, Jaipur City (North). Aggrieved by the judgment of conviction dated 18.12.2019 and order of sentence dated 20.12.2019 passed in Sessions Case No.2A/2010, accused Mohammad Saifurrehman preferred D.B. Criminal Appeal No.216/2022, Mohammad Sarvar Azmi @ Rajhans Yadav, Mohammad Salman and Mohammad Saif preferred D.B. Criminal Appeal No.217/2022 against the judgment of conviction dated 18.12.2019 and order of sentence dated 20.12.2019 passed in Sessions Case Nos.2/2010 and 2A/2010. By the aforesaid judgment dated 18.12.2019 Shahbaz Hussain @ Shahbaz Ahmed @ Shanu was acquitted from the charges levelled against him. State of Rajasthan has also preferred D.B. Criminal Appeal No.252/2022 against the acquittal of Shahbaz Hussain @ Shahbaz Ahmed @ Shanu and for enhancement of sentence of other accused. Accused Mohammad Saifurrehman has been acquitted for the offence under Sections 4 , 5 & 6 of the Explosive Substances Act, 1908 and Sections 3 /10, 20 and 38 of the UNLAWFUL ACTIVITIES ACT , 1967 and other accused namely Mohammad Sarvar Azmi, Mohammad Saif and Mohammad Salman were acquitted for the offences under Sections 4 & 5 of the Explosive Substances Act, 1908 read with Section 120-B IPC, Section 6 of the Explosive Substances Act, 1908 and Sections 3 /10, 20 and 38 of the UNLAWFUL ACTIVITIES ACT , 1967. Accused Mohammad Saifurrehman Ansari, Mohammad Saif, Mohammad Salman and Mohammad Sarvar Azmi were convicted for the following offences:

Mohammad Saifur @ Saifurrehman:-

Offence	Sentence	Fine	Sentence in default of fine
U/s 302 IPC	Death penalty	Rs.50,000/-
U/s 307 IPC	7 years R.I.	Rs.10,000/-	3 months
U/s 326 IPC	5 years R.I.	Rs.10,000/-	3 months
U/s 324 IPC	3 years R.I.	Rs.5,000/-	3 months
U/s 427 IPC 1	year S.I.	Rs.1,000/-	3 months
U/s 121-A IPC	Life Imprisonment	Rs.50,000/-	3 months
U/s 124-A IPC	Life Imprisonment	Rs.50,000/-	3 months
U/s 153-A IPC	3 years R.I.	Rs.50,000/-	3 months
U/s 3 of Explosive Substances Act, 1908	Life Imprisonment	Rs.50,000/-	3 months
U/s 13 of Unlawful Activities (Prevention) Act, 1967	7 years R.I.	Rs.50,000/-	3 months
U/s 16(1)A of Unlawful Activities (Prevention) Act, 1967	Death Penalty	Rs.50,000/-
U/s 18 of Unlawful Activities (Prevention) Act, 1967	Life Imprisonment	Rs.50,000/-	3 months

All sentences were directed to run concurrently. Mohammad Sarvar Azmi @ Rajhans Yadav, Mohammad Saif @ Karain and Mohammad Salman:-

Offence	Sentence	Fine	Sentence in default of fine
U/s 302/120-B, 307/120-B, 121-A,124- A/120-B IPC, Section 3 of Explosive Substances Act, 1908 r/w Section 120-B IPC	Life Imprisonment	Rs.50,000/-	3 months
U/s 326/120-B IPC	5 years	R.I. Rs.10,000/-	3 months
U/s 324/120-B IPC	3 years R.I.	Rs.5,000/-	3 months
U/s 153-A/120- B IPC	3 years	R.I. Rs.50,000/-	3 mon

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