Bombay High Court Criticizes Police and Judges for Wrongful Conviction

The Bombay High Court recently expressed disappointment over the careless handling of evidence by the police and judges, which led to the wrongful conviction of a man.

Court’s Displeasure Over Mishandled Trial

Justice S.M. Modak, in a ruling on March 14, strongly criticized both the trial and appellate courts for convicting a man without considering a crucial missing piece of evidence. The judge called this a serious failure by the legal system and emphasized the need for better training for judges.

“This is a clear violation of responsibility by those involved,” the High Court stated while acquitting the accused in a criminal breach of trust case. The court directed the Joint Director of the Maharashtra Judicial Academy to include this issue in judicial training programs. It also asked for a report on the steps taken to address such negligence.

Background of the Case

The case involved Anand Sakpal, a postmaster, who was accused of misappropriating ₹28,834 between August 20, 2006, and February 28, 2007. His superior noticed irregularities in the postal department’s financial records and reported the matter to the police.

Sakpal was charged under:

Section 409 – Criminal breach of trust by a public servant
Section 468 – Forgery

During the trial, the Judicial Magistrate in Khalapur, Raigad district, acquitted him of forgery but convicted him of criminal breach of trust, sentencing him to three years of rigorous imprisonment.

When Sakpal appealed to the Sessions Court in Panvel, Raigad, the conviction was upheld. Left with no choice, he approached the Bombay High Court.

Key Evidence Ignored in Conviction

Justice Modak noted that the police failed to seize the correct registers from 2006–2007, which were essential for proving the charges. Instead, the prosecution relied on registers from 2004–2005, which were not even presented in court.

The judge expressed serious concern that both the trial court and sessions court overlooked these major flaws in the prosecution’s case.

“Without examining the correct registers, it was impossible to prove misappropriation,” the High Court observed, highlighting the lack of documentary evidence to support the prosecution’s claims.

High Court Acquits Sakpal

Considering the serious flaws in the case, the High Court overturned the conviction and ordered Sakpal’s immediate release from prison.

This ruling underscores the importance of careful evidence examination and the need for stronger judicial training to prevent wrongful convictions in the future.

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