The Supreme Court of India has directed the Uttar Pradesh government to pay ₹6 lakh in compensation to Arun @ Deepak, who spent six years in custody as an undertrial before being acquitted in a kidnapping and murder case. The Court criticised serious lapses in the investigation and prosecution, observing that the case had exposed how failures in criminal investigations can threaten a person's life and liberty.
Background
The case arose from FIR No. 367 of 2019, registered at Achhnera Police Station in Agra under Sections 364, 302 and 201 of the Indian Penal Code. The petitioner was arrested in November 2019 and remained in custody while the trial was pending.
In March 2026, the Supreme Court directed the trial court to conclude the proceedings within three months. The petitioner was subsequently acquitted, prompting the Supreme Court to examine the trial court's judgment and the evidence presented by the prosecution.
A Bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran found significant shortcomings in the investigation. The petitioner had not been named in the initial FIR or the statement recorded under Section 161 of the Code of Criminal Procedure. The prosecution relied on CCTV footage, an alleged confession to the police, circumstantial evidence and recoveries of items connected with the missing person.
However, the Court noted that the CCTV footage was unclear and had not been properly proved. The electronic evidence lacked the required certificate under Section 65B of the Evidence Act. The recovered bones had not been conclusively identified as belonging to the missing person, and the prosecution had not established the cause of death through medical evidence.
The Court expressed its concern over the investigation and prosecution, stating:
"It is unfortunate that despite no evidence against the petitioner herein, he was imprisoned for six years as an undertrial. Based on a slipshod investigation, a haphazard prosecution was carried out, which resulted, fortunately in the acquittal of the accused. We cannot but deprecate the manner in which the investigation was carried out and the prosecution conducted."
The Court emphasised that investigating agencies must ensure justice for both victims and accused persons, rather than focus solely on securing convictions. It also directed that a copy of the order be sent to the Director General of Police and the Home Secretary of Uttar Pradesh.
The Bench observed:
"The State cannot shirk from its responsibility to protect its citizens, especially when a person arraigned in a criminal case is presumed innocent until proven guilty. The investigation and prosecuting agencies exist not merely to, and by whatever means bring in a conviction. They should recognize themselves to be essential stakeholders in the justice delivery system, ensuring justice, not only to the victim, the de facto complainant and the injured but also to the accused."
The Supreme Court directed the Uttar Pradesh government to pay ₹6 lakh to the petitioner within one month. Failure to make the payment within the stipulated period would attract interest at 18% per annum.
The Special Leave Petition was disposed of, and any pending applications were rejected.
Case Details
Case Title: Arun @ Deepak v. State of U.P.
Case Number: Special Leave Petition (Crl.) No. 4859 of 2026
Judges: Justice J.B. Pardiwala and Justice K. Vinod Chandran
Decision Date: October 26, 2026
