2009 murder case: Chandigarh court acquits 2 on weak evidence

The Chandigarh district court has acquitted two men, Vijay and Vishal, who were juveniles at the time of the offence, in a 2009 murder case. Additional sessions judge Harpreet Kaur set aside a 2018 juvenile justice board conviction that had sent them to a special home for three years. The case stems from the killing of fruit seller Rajesh, who was found stabbed in Sector 38 West on December 29, 2009.

The prosecution relied entirely on circumstantial evidence, including blood-stained pants allegedly recovered from the appellants. Hindustan Times reports that the Central Forensic Science Laboratory found blood group AB on Vijay's pant and blood group B on Vishal's pant. The deceased had blood group AB, but the court noted Vijay also had blood group AB, making it impossible to prove the blood on his clothes came from the victim. Vishal's clothes showed a different blood group altogether.

The judge found the prosecution failed to establish key circumstantial links such as last-seen evidence, motive, confession, or recovery of the murder weapon. Citing Supreme Court precedents, the court held that in evidence-based cases, every link must be firmly established. It stated the incriminating circumstances were neither proved by cogent evidence nor formed an unbroken chain pointing to guilt, and accordingly acquitted both men.