Long Wait for Justice

The High Court’s order of acquittal of a murder convict comes 38 years after the incident took place. During the lengthy pendency of the case, five other accused who had also filed an appeal died. The abnormally lengthy timeline reflects the intricacies of the judicial system

- Adarsh Patel and India Legal Bureau

THE Allahabad High Court, on December 24, 2021, acquitted a murder convict in a 38-year-old case and sent the other to the Juvenile Justice Board to determine the fine imposed. The Division Bench of Justice Manoj Misra and Justice Sameer Jain set aside the conviction awarded to appellant Saleem by the trial court and acquitted him of all charges. The Court, however, was of the view that appropriate punishment ought to be awarded to another appellant Brijendra Singh—who had claimed during the pendency of the appeal that he was a juvenile on the date of the incident, July 12, 1980—by imposing a fine.

Brijendra Singh and Saleem were convicted on September 29, 1983, by an order passed by 2nd Additional Sessions Judge, Farrukhabad (State vs Harnath Singh and others) and awarded life imprisonment for offenses committed under Sections 302/149 of the Indian Penal Code as well as six months’ rigorous imprisonment for offenses committed under Sections 147 and 323 of the Indian Penal Code.