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Bombay High Court Criticises Police and Judges for Wrongful Conviction

The Bombay High Court has strongly criticised the police and judges for their careless handling of evidence in a case that led to the wrongful conviction of a man.

On March 14, Justice SM Modak expressed serious concern over how the trial and appellate courts convicted a person without an essential piece of evidence. He called it a “blatant disregard” of the responsibilities of the judicial system.

The court highlighted that the investigating officer had retired, but still referred the matter to the Joint Director of the Maharashtra Judicial Academy (MJA) to ensure judges receive proper training to avoid such mistakes in the future. The High Court also asked the Joint Director to update it on the steps taken to address the issue.

The case involved Anand Sakpal, a postmaster accused of misappropriating ₹28,834 between August 2006 and February 2007. His superior suspected wrongdoing after checking the department’s registers and comparing them with account holder records, leading to a police complaint.

Sakpal was charged under Sections 409 (criminal breach of trust by a public servant) and 468 (forgery) of the Indian Penal Code. The Judicial Magistrate at Khalapur acquitted him of forgery but convicted him for criminal breach of trust, sentencing him to three years in prison. The Sessions Judge in Panvel upheld the conviction.

However, upon appeal, Justice Modak found a major flaw — the police never seized the correct registers from 2006–2007, which were central to the case. Instead, they had seized registers from 2004–2005, which were not even produced in court. The judge noted that without the relevant registers, misappropriation could not be proven, and oral witness statements were not backed by documentary evidence.

The High Court therefore acquitted Sakpal and ordered his immediate release, stressing the need for greater care and responsibility in handling criminal cases.

Case Title: Anand Sakpal v. State of Maharashtra

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