MEGHALAYA HIGH COURT ACQUITS WOMAN IN 2003 MURDER CASE

Shillong, March 19 : The High Court of Meghalaya has acquitted a woman who was earlier sentenced to life imprisonment for the alleged murder of her husband and injuries to her minor daughter, citing lack of credible evidence and serious procedural lapses in recording her confession.

The case pertains to an appeal filed by Porthmi Bthuh against a 2021 judgment of the trial court in West Jaintia Hills, which had convicted her under Sections 302 and 326 of the IPC.

The High Court bench, comprising Chief Justice Revati Mohite Dere and Justice W. Diengdoh, set aside the conviction and ordered her immediate release, if not required in any other case.

According to the prosecution, the incident occurred on March 28, 2003, when the accused allegedly assaulted her husband with a dao following a quarrel. The attack reportedly resulted in the death of her husband and injuries to her young daughter. The trial court had relied heavily on a confession allegedly recorded under Section 164 of the CrPC to convict the accused.

The High Court observed that the entire case was based on circumstantial evidence and that the prosecution failed to establish a complete chain of events proving the accused’s guilt.

Witness testimonies did not conclusively establish that the accused was alone at the scene or responsible for the crime. There was also no direct evidence explaining what transpired inside the house where the incident occurred.

A key factor in the acquittal was the court’s rejection of the alleged confession. The bench pointed out several irregularities, including No evidence that the accused was given time to reflect before making the statement, Missing procedural safeguards during recording, Failure to properly exhibit the confession during trial and Due to these shortcomings, the court held that the confession could not be relied upon.

The court further ruled that even without the confession, the remaining evidence was insufficient to establish guilt beyond reasonable doubt. It emphasized that the prosecution must stand on its own evidence and cannot rely on weaknesses in the defense.

Allowing the appeal, the High Court quashed the 2021 judgment and acquitted the appellant of all charges. The court ordered her release, bringing closure to a case that dates back over two decades.