28 Years Later, No Proof of Custodial Murder: P&H High Court Refuses to Overturn Acquittal Amid Missing Trial Record

Case Name: Banarsi Devi v. Amar Singh & Ors.

Date of Judgment: 16 April 2026

Citation: CRA-D-362-DBA-2004

Bench: Hon’ble Mr. Justice N.S. Shekhawat & Hon’ble Mr. Justice H.S. Grewal

Held: The Punjab & Haryana High Court held that an appellate court cannot interfere with an acquittal unless the findings of the trial court are perverse or manifestly illegal. Mere possibility of an alternate view is insufficient to overturn acquittal, especially where evidence is inconsistent and unreliable.

Summary: The appeal was filed by the complainant challenging the acquittal of police officials and others in a case alleging custodial torture and death of her brother. Notably, the case involved extraordinary delay, with the acquittal dating back to 1998 and the appeal pending for nearly 28 years. Further complicating matters, the original trial court record had been lost and could not be reconstructed, forcing the High Court to decide the case based solely on the available judgment.

The complainant alleged that the deceased was illegally detained, tortured in police custody, and later died due to injuries inflicted by the accused. However, the Court found that the allegations were vague, lacking specific details of time, place, and sequence of events. It also noted material contradictions between different versions presented by the complainant, including discrepancies between the complaint and earlier applications.

Medical evidence further weakened the prosecution case, as the injuries on the deceased were found to have been sustained days before he was allegedly taken into custody, contradicting the claim of custodial violence. Additionally, key witnesses’ presence at the relevant time was found doubtful.

The Court emphasized that the trial court had thoroughly examined the evidence and arrived at a plausible conclusion. In such circumstances, appellate interference is not warranted unless the findings are demonstrably perverse or illegal.

Decision: The High Court dismissed the appeal and upheld the acquittal of the accused, holding that no grounds were made out to interfere with the trial court’s judgment. It reiterated that long delay, missing records, and inconsistent evidence further weaken the case for appellate interference.