The Rajasthan High Court recently acquitted two men, Sharafat and Rajesh Kumar, who were earlier sentenced to death for allegedly murdering a family of six, including four children. The Court ruled that the 'last-seen-together' theory alone is insufficient to convict an accused unless the prosecution first establishes a prima facie case.
The Division Bench of Justice Shree Chandrashekhar and Justice Chandra Shekhar Sharma noted:
"Section 106 of the Evidence Act cannot be used to undermine the well-established rule that the burden of proof always lies on the prosecution."
Read Also:- Wife Can Seek Maintenance Later Despite Earlier Waiver in Mutual Divorce: Kerala High Court
The case involved a gruesome incident where a couple and their four children were found murdered. A trial court had convicted the two appellants under IPC Sections 302, 364, and 201 read with Section 34, and sentenced them to death, branding them a danger to society.
The High Court, however, found serious flaws in the prosecution’s case. While examining the 'last-seen-together' theory, the Court reiterated that such evidence, although important, cannot alone be the basis for conviction.
"A person may casually be seen with the deceased at public places. That cannot by itself be treated as an incriminating circumstance,” the Court emphasized.
Read Also:- Supreme Court Dismisses Plea Challenging Andhra Pradesh Mega DSC Teacher Recruitment Exam 2025
It further added that unless the prosecution establishes a strong case, Section 106—regarding facts within the special knowledge of the accused—cannot be invoked.
The bench referred to the Supreme Court's judgment in Rajender @ Rajesh @ Raju v. State, stating that the burden under Section 106 does not shift the primary responsibility of proving guilt from the prosecution to the accused.
The High Court also observed that there were contradictions and unreliable testimonies in the prosecution’s evidence, especially from key witnesses. The identification of the accused and recovery of evidence, including the murder weapon and the car allegedly used, were surrounded by inconsistencies.
Regarding the motive, the prosecution had claimed an illicit relationship between the murdered woman and Sharafat's father. However, the Court found no credible proof that both accused shared a common intention under Section 34 IPC.
"There is no iota of evidence that Rajesh Kumar had any motive to join hands with Sharafat for committing the crime,” the judgment stated.
Ultimately, the High Court concluded that the conviction was based more on suspicion than solid evidence. The supposed motive, the chain of circumstantial evidence, and the 'last-seen' claim did not withstand judicial scrutiny.
"The prosecution failed to show that the victims were last seen alive with the appellants," the Court held.
Thus, the death sentence was set aside and both Sharafat and Rajesh Kumar were acquitted of all charges.
Case Title: State of Rajasthan v. Sharafat & Anr. and other connected matters
