Twenty-Two Years On Appeal, And The Charges Were Never Brought Home
A conviction from a Fast-Track Court in 2004 has been set aside, the Division Bench holding the prosecution never proved its case beyond reasonable doubt.
The Court held the appellants ought to have been accorded the benefit of reasonable doubt, the prosecution having failed to bring home the charges beyond all reasonable doubt. The appeal was allowed, the conviction and sentence set aside, and the appellants acquitted, with bail bonds cancelled and sureties discharged. The Court recorded appreciation for the amicus curiae and directed a fee of Rs 10,000.
- Benefit of doubt is what the record produced, on a discussion of the evidence.
- The amicus was paid — Rs 10,000 by the High Court Legal Services Authority.
- Sureties are discharged too, not only the bonds cancelled.
- A 1993 case, tried in 1995, convicted in 2004, decided in 2026.
- Court
- High Court of Judicature at Patna
- Bench
- Justice MR. JUSTICE ANIL KUMAR SINHA, Justice MR. JUSTICE ALOK KUMAR
- Citation
- Criminal Appeal (DB) No. 266 of 2004
- Case
- Criminal Appeal (DB) No. 266 of 2004
- Decided
- 1 September 2026
- Outcome
- Appeal allowed; conviction set aside and appellants acquitted
The finding
In the facts and circumstances of the case, the appellants ought to have been accorded the benefit of reasonable doubt, the prosecution having failed — in the light of the discussion of the evidence on record — to bring home the charges beyond all reasonable doubt.
The order
The appeal was allowed, and the conviction and the sentence passed against the appellant by the judgment and order under appeal were set aside. The appellants were found not guilty and acquitted under the benefit of doubt.
The appellant being on bail, the bail bonds were cancelled and the sureties discharged.
The Court put on record words of appreciation for the assistance rendered by the amicus curiae, and directed the High Court Legal Services Authority to pay her Rs 10,000 for that service. The Registry was directed to send a copy of the judgment to the trial court with the lower court records.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
What is the benefit of reasonable doubt?
Where the prosecution has not brought the charges home beyond all reasonable doubt, the accused must be acquitted.
Who pays the amicus curiae?
The High Court Legal Services Authority, on a fee fixed by the Court — Rs 10,000 here.
Taking an old conviction appeal to a conclusion
- Reconstruct the evidence from the record rather than the trial court's summary; decades-old appeals turn on it.
- Where the appellant is unrepresented, seek appointment of an amicus early.
- Ask that the sureties be discharged along with the bonds; it is often left out.
- Ask the Court to fix the amicus fee in the judgment, payable by the Legal Services Authority.
Source. High Court of Judicature at Patna, Criminal Appeal (DB) No. 266 of 2004, decided 1 September 2026 by Justice MR. JUSTICE ANIL KUMAR SINHA, Justice MR. JUSTICE ALOK KUMAR. This explainer is written from the judgment text as reported.
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