In circumstantial evidence cases, a significant time gap between 'last seen' and death, coupled with a flawed investigation, breaks the chain of guilt: Madhya Pradesh High Court - 2025-09-27

Madhya Pradesh High Court Overturns Death Penalty in Double Murder Case, Cites 'Motivated and Malafide Investigation'

Jabalpur, MP - In a significant ruling on the principles of circumstantial evidence, the Madhya Pradesh High Court has acquitted Girdhari Sonwane, a man sentenced to death for the kidnapping, sexual assault, and murder of two minor sisters. The Division Bench of Justice Vivek Agarwal and Justice Avanindra Kumar Singh set aside the trial court's conviction, highlighting critical gaps in the prosecution's case, an unreliable "last seen" theory, and a "shrouded" investigation.

The Court also ordered the State to pay Rs. 1,00,000/- as litigation costs to the appellant, directing that the amount be recovered from the investigating officer responsible for the "misguided investigation."

Case Background

The case stemmed from a tragic incident in April 2022 where two sisters, aged approximately five and three, were found dead in a canal. Girdhari Sonwane, their neighbour, was accused of abducting them on his motorcycle, sexually assaulting the younger child, and murdering both.

The trial court, relying on circumstantial evidence, found Sonwane guilty on multiple counts under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act. He was sentenced to death for the murder of the younger victim and life imprisonment for the elder, along with other concurrent sentences. The case came before the High Court as an appeal by Sonwane and a criminal reference for confirmation of the death sentence.

Prosecution's Failure to Forge an Unbroken Chain

The prosecution's case hinged primarily on the "last seen" testimony of a witness, PW-10 Omprakash Markam, who claimed to have seen Sonwane with the victims at 10:30 AM on the day they went missing. However, the defense, led by Senior Advocate Shri Imtiaz Husain, successfully dismantled this cornerstone of the prosecution's argument.

Key arguments that led to the acquittal:

Contradictory Timelines: The defense pointed to a major discrepancy between the "last seen" time (10:30 AM) and the estimated time of death from the post-mortem reports. The reports, conducted on the following day, placed the time of death between 9:30 PM and 4:50 AM, creating a gap of over 11 hours. The Court noted this was too vast to conclusively link the accused to the crime based on the last seen theory alone.

Unreliable Witnesses: The star witness, PW-10, provided contradictory details, including stating the motorcycle was "golden colour" when the recovered vehicle was silver. Another witness, PW-8 Ramnath, initially claimed to have seen the accused but admitted in cross-examination that he had not seen the driver of the motorcycle.

Inconclusive Forensic Evidence: A crucial DNA report failed to link the accused to the crime. Hair found on a towel allegedly belonging to Sonwane provided an "uninterpretable" profile, and the towel itself did not match the DNA of the victims or even the accused.

Unproven Motive: The prosecution's theory that Sonwane committed the crime as revenge for alleged "black magic" was unsubstantiated. Key witnesses who could have corroborated this motive were never examined in court.

Flawed Investigation: The Court heavily criticized the investigation, noting discrepancies in police records like the Dehati Nalishi and the Missing Person Report, which suggested "manipulation." The delay in recording the statement of the key "last seen" witness until after the bodies were found and the accused was arrested brought the "whole investigation under shroud."

The Court's Pivotal Observations

The bench extensively cited Supreme Court precedents, emphasizing the high burden of proof in cases based on circumstantial evidence. The judgment reiterated the legal principle that the chain of circumstances must be complete and point unerringly to the guilt of the accused, leaving no room for any other hypothesis.

Quoting the Supreme Court, the bench observed, " The last seen theory comes into play where the time gap between the point of time when the accused and the deceased were seen last alive and then the deceased is found dead is so small that possibility of any person other than the accused being a part of the crime becomes impossible. "

The judges found that the prosecution had failed to meet this standard. The Court noted the trial judge had not been "active or dynamic" in eliciting necessary materials to ascertain the truth, a role the Supreme Court has previously encouraged.

Final Judgment and Implications

Concluding that the trial court's judgment failed to consider the established law on circumstantial evidence and the glaring contradictions in the prosecution's case, the High Court set aside the conviction and sentence.

The judgment stated: " ...judgment of the trial Court having failed to take into consideration the law on the subject of circumstantial evidence, so also co-relation of last seen theory with the time gap between the so-called last seen and the time of death... cannot be given a seal of approval. "

Girdhari Sonwane was acquitted of all charges and ordered to be released forthwith. The decision serves as a stark reminder of the judiciary's role in scrutinizing evidence meticulously, especially in capital punishment cases, and holding the investigative machinery accountable for its lapses.