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Allahabad High Court Acquits Raees After 23 Years, Citing Flawed Evidence and Systemic Lapses

The bench pointed to tutored testimony, delayed extrajudicial confessions and medical findings that contradicted the prosecution’s knife theory.

Overview

  • A division bench of Justices Siddharth and Jai Krishna Upadhyay set aside the 2003 convictions on February 16 and ordered Raees’s release if not wanted in any other case.
  • The court found the then five-year-old eyewitness had admitted in cross-examination that his statements were tutored and given under threat from the informant and a government advocate.
  • Post-mortem reports indicated use of a very heavy incised weapon that nearly severed necks, undercutting the prosecution claim of an ordinary knife allegedly recovered at Raees’s instance.
  • Alleged extrajudicial confessions to two witnesses were deemed a weak basis for conviction, recorded by police after an unexplained two-month delay and viewed as inherently improbable.
  • Calling the case a sad commentary on criminal justice, the judges urged increasing judges, staff and infrastructure, and noted the human cost as Raees faces uncertain reintegration after decades in prison.