In a dramatic turn of events, the Supreme Court on Wednesday set aside the convictions of Akhtar Ali, also known by his aliases Ali Akhtar, Shamim, and Raja Ustad, along with co-accused Prem Pal Verma. Both men had been earlier sentenced by a trial court in Nainital and later by the Uttarakhand High Court for the brutal assault and murder of a minor girl in Haldwani back in 2014. The apex court’s bench, however, found major gaps in the prosecution’s chain of evidence and ordered their release.
Background
The case had shaken Uttarakhand nearly a decade ago when the body of a young girl was recovered from the Gaula river area in November 2014. The trial court, after hearing over 40 witnesses and reviewing dozens of forensic exhibits, awarded Akhtar Ali the death penalty in 2016 and sentenced Prem Pal Verma under related charges. The High Court later upheld these findings in 2019, though certain charges were set aside. The matter then reached the Supreme Court through special leave petitions filed by the accused.
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The three-judge bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta minutely examined the evidence. Serious doubts were raised about the reliability of the DNA samples, the manner of arrest, and the handling of forensic material.
The judgment pointed out anomalies in semen samples-while the cervical swab allegedly matched Akhtar Ali’s DNA, other vital swabs and clothing showed no such traces. “Such glaring inconsistencies cannot be brushed aside. The possibility of tampering looms large,” the bench remarked.
The court also highlighted that the “last seen theory” relied upon by the prosecution was weak, with witness testimonies appearing belated and inconsistent. Moreover, the alleged extra-judicial confession of Akhtar Ali, which was used to rope in Prem Pal Verma, was found unreliable. The judges cautioned that convictions in death penalty cases must rest on unimpeachable evidence.
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“The irreversible nature of capital punishment demands the highest standard of proof. Any doubt must weigh in favour of the accused,” the bench observed.
Decision
After a detailed review, the Supreme Court categorically held that the prosecution failed to prove its case beyond reasonable doubt. The convictions handed down by the trial court in 2016 and later affirmed by the High Court in 2019 were set aside.
Both Akhtar Ali and Prem Pal Verma were acquitted of all charges and ordered to be released immediately unless wanted in any other case. “The so-called links in the chain of circumstances stand broken,” the court declared while allowing the appeals.
Case: Akhtar Ali @ Ali Akhtar @ Shamim @ Raja Ustad & Prem Pal Verma v. State of Uttarakhand (2025 INSC 1097)
Appellants:
- Akhtar Ali @ Ali Akhtar @ Shamim @ Raja Ustad
- Prem Pal Verma
Respondent: State of Uttarakhand
Date of Judgment: 2025
