Summary of the Judgment
Case Name: Chandrabhan Sudam Sanap vs. The State of Maharashtra
Date: 28 January 2025
Judges: Honourable Justice K.V. Viswanathan
Advocates:
For the Appellant: Shri Singh (Pro Bono), assisted by Pritha Srikumar Iyer, Pratiksha Basarkar, Sakshi Jain, and Surabhi Vaya.
For the Respondent: Raja Thakare, Additional Solicitor General, assisted by Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Bharat Bagla, Aditya Krishna, Preet S. Phanse, Adarsh Dubey, and Yamini Singh.
Acts and Sections Referred:
Indian Penal Code (IPC), 1860: Sections 302, 364, 366, 376(2)(m), 376A, 392 read with 397, and 201.
Indian Evidence Act, 1872: Section 65-B.
Code of Criminal Procedure, 1973 (CrPC): Sections 91, 311, 313, 465(2).
Cited Judgements:
Sharad Birdhichand Sarda v. State of Maharashtra [(1984) 4 SCC 116]
State (NCT of Delhi) v. Navjot Sandhu @ Afsan Guru [(2005) 11 SCC 600]
Anvar P.V. v. P.K. Basheer [(2014) 10 SCC 473]
Shafhi Mohammad v. The State of Himachal Pradesh [(2018) 2 SCC 801]
Sonu @ Amar v. State of Haryana [(2017) 8 SCC 570]
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal [(2020) 7 SCC 1]
Introduction
The Supreme Court of India’s ruling in Chandrabhan Sudam Sanap vs. The State of Maharashtra marks a crucial development in criminal law jurisprudence. The case, which involved the brutal rape and murder of a 23-year-old woman, revolved around the admissibility of electronic evidence, particularly CCTV footage. The judgement underscores the importance of procedural adherence under Section 65-B of the Indian Evidence Act, a provision governing electronic records.
This article analyses the judgement, breaking down the facts, legal issues, arguments, and reasoning adopted by the Supreme Court, and discussing its broader implications for criminal law in India.
Case Background
The case involved the abduction, rape, and murder of a 23-year-old woman (referred to as ‘EA’). On 4 January 2014, EA boarded the Visakhapatnam-LTT Express to return to Mumbai from her hometown. She last contacted her father at 9:00 PM from Solapur. When she did not arrive at her hostel in Mumbai, her father lodged a missing person complaint. Her decomposed and burnt body was discovered on 16 January 2014.
The Trial Court sentenced the accused to death based on circumstantial evidence, a decision upheld by the Bombay High Court. The Supreme Court’s ruling primarily examined the evidentiary value of CCTV footage linking the accused to the crime.
Key Legal Issues
Admissibility of CCTV Footage Without a Section 65-B Certificate:
The prosecution relied heavily on CCTV footage from Lokmanya Tilak Terminus (LTT) to establish the accused’s presence at the station and his association with the victim. However, no Section 65-B(4) certificate was provided, raising doubts about its validity.
Circumstantial Evidence and Last Seen Theory:
The prosecution claimed that CCTV footage showed EA with the accused at the railway station, making it the last seen evidence. However, the defence argued that there was no witness who identified both the accused and the victim together in the footage.
Inconsistencies in the Investigation:
The defence pointed out procedural lapses, particularly parallel investigations by the Crime Branch and Kanjur Marg Police Station, which might have led to exculpatory evidence being overlooked.
Court’s Reasoning and Observations
1. Procedural Lapse in Electronic Evidence
The Supreme Court ruled that the CCTV footage was inadmissible due to the lack of a Section 65-B certificate. It relied on the landmark Arjun Panditrao Khotkar case, which clarified that a certificate under Section 65-B is mandatory for electronic records to be admitted in evidence.
“A court of law in this scenario cannot be technical about the manner of objections that are raised.”
The failure to submit the certificate at the appropriate time meant that the CCTV evidence could not be considered reliable.
2. Weak Chain of Circumstantial Evidence
The Court highlighted gaps in the last seen theory, noting that no single witness had identified both the accused and the victim together in the footage.
“CCTV footage, if available from 18.01.2014, was inexplicably not used for identification by chance witnesses, raising doubts on its seizure and veracity.”
Further, the Court ruled that:
No photograph or sketch of the accused was created from the footage.
No forensic examination of the footage was conducted.
The witnesses identifying the accused did so months later, weakening their credibility.
3. Doubts Over Prosecution’s Narrative
The defence argued that investigators had tampered with key evidence, particularly in handling the victim’s brassiere, which was not sealed properly before being presented in court. The Court took serious note of these concerns and questioned the fairness of the investigation.
4. Repercussions on the Death Sentence
Given the inadmissibility of the CCTV footage and inconsistencies in the prosecution's case, the Supreme Court commuted the death sentence. It ruled that the evidence, while pointing to serious wrongdoing, did not meet the threshold required for capital punishment.
Significance of the Judgement
1. Reinforcement of Section 65-B in Criminal Trials
This ruling reiterates the necessity of complying with electronic evidence provisions under Section 65-B of the Indian Evidence Act. It serves as a reminder for law enforcement agencies and courts to ensure procedural integrity when handling digital evidence.
2. Raising the Bar for Circumstantial Evidence
The case establishes that a weak chain of circumstantial evidence cannot justify a death sentence. It also clarifies the burden of proof required in cases relying on the last seen theory.
3. Implications for Forensic and Investigative Standards
The judgement highlights serious lapses in forensic protocols and evidence collection, setting a precedent for stricter adherence to investigation guidelines.
Conclusion
The Chandrabhan Sudam Sanap ruling is a significant addition to India's criminal jurisprudence. By emphasising the importance of procedural correctness in electronic evidence, the Supreme Court has reaffirmed the rule of law and due process in capital cases.
While the Court upheld the conviction, its decision to commute the death sentence underscores the necessity for higher evidentiary standards in serious criminal matters. This judgement will likely influence future trials involving electronic evidence and circumstantial proof in India’s legal landscape.
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