Chhattisgarh HC Acquits Five in 20-Year-Old Dacoity Case Over Tainted Evidence

News Citation : 2026 LN (HC) 278 | 2026:CGHC:19183

April 25, 2026 : The High Court of Chhattisgarh has overturned the convictions of several men accused in a 2003 dacoity case, citing major procedural failures in the police investigation, specifically regarding the “tainted” identification of the suspects and unreliable evidence recovery.

The case originated from a midnight robbery on December 26, 2003, in the village of Thihai-para, where a group of approximately ten individuals allegedly stormed the home of Raghurairam, a local education official. The assailants reportedly assaulted the family with sticks and fled with over ₹38,500 in cash and jewelry, including gold lockets and silver anklets. Following a trial in 2005, the Additional Sessions Judge in Baikunthpur sentenced the appellants to ten years of rigorous imprisonment.

However, Justice Narendra Kumar Vyas found that the Test Identification Parade (T.I.P.), a cornerstone of the prosecution’s case, was “void ab initio”. During cross-examination, key witnesses admitted they had been shown the accused at the police station weeks before the official identification parade was conducted. The court noted that such exposure renders subsequent identification “meaningless” and “inconsequential,” as witnesses likely relied on their memory of the suspects at the station rather than their memory of the actual crime.

The court further criticized the recovery of the “looted” items. While the prosecution claimed to have seized a radio and shoes from the suspects based on their confessions, the independent witness to these seizures, Sudama Prasad, turned hostile. Prasad testified that he was never taken to the recovery sites and had merely signed the documents at the police station.

With the identification process vitiated and the evidence recovery deemed legally tenuous, Justice Vyas ruled that the prosecution failed to prove its case beyond a reasonable doubt. The court acquitted Raj Kumar, Bali Singh, Gulab Singh, Danfer Singh, and Hira Singh of all charges. Two other original appellants, Agar Sai and Bhaiyalal, passed away while the appeals were pending, leading to the abatement of their cases.

Case Reference : Raj Kumar and Others vs State of Chhattisgarh (CRA No. 216/2005) with Danfer Singh and Another vs State of Chhattisgarh (CRA No. 427/2005); Counsels: Mr. Mahendra Dubey for Appellants, and Mr. Krishna Gopal Yadav (Dy. GA) with Mr. Manish Kashyap (Panel Lawyer) for Respondent/State.