Representative image PRAYAGRAJ: Noting that the trial court failed to notice that the appellant was confessing to a crime out of fear for his life, the Allahabad high court has overturned the conviction of a man who spent almost 24 years in prison after being sentenced to life imprisonment in a dacoity case.The trial court had in 2002 delivered its verdict based solely on his admission in his statements recorded under CrPC Section 313. A division bench of Justice JJ Munir and Justice Sanjiv Kumar found fault with the trial judge for failing to notice that the appellant was confessing out of fear for his life.The high court concluded that the trial court erred in convicting the appellant as the prosecution had failed to connect him with the offence. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted Azad Khan of all charges. He is to be released forthwith from Mainpuri jail, the high court directed.The division bench ruled in its Dec 19 order that a conviction cannot be premised solely on an admission made in a statement under CrPC Sec 313, especially when the prosecution fails to adduce any corroborative or incriminating evidence.The court termed the incarceration of Azad Khan for almost 24 years as the sad part of the matter, noting that his so-called admission of guilt was likely driven by fear for his life rather than being a genuine confession. The Allahabad high court also noted that the appellant had no assistance of an advocate to defend himself and was not offered or provided any legal aid, which violated the right to a fair trial guaranteed under Article 21 of the Constitution (right to life and personal liberty) and also constituted a violation of CrPC Sec 304, which mandates legal aid, at the state’s expense, for the accused.In Feb 2002, the appellant was convicted under ICP Secs 395 (dacoity) and 397 (robbery or dacoity, with attempt to cause death or grievous hurt) by the special judge (DAA)/additional sessions judge, Mainpuri.About the AuthorRajesh Kumar PandeyA legal eagle stationed in Sangam city. Has been covering news reports originating out of Allahabad high court for TOI for over a decade. Have reported several landmark judgments, besides the visit of luminaries — from the PM to CJIs.Read MoreEnd of ArticleFollow Us On Social MediaVideosBangladesh Situation Remains Very Fluid as Unrest Grows Ahead of 2026 Elections: Journalist”Stop This Nonsense…”: Tharoor Lambasts Bangladesh Govt Over Lynching of Hindu ManEnd Of H-1B Lottery: Donald Trump Overhauls US Work Visa System Prioritising High Pay And SkillsISRO’s Heaviest Launch Yet: Five Reasons Why BlueBird-2 Marks India’s Big Leap In Global Space Race‘Mouths shut when Hindus are killed’: Yogi targets opposition in Assembly”We Are Not Safe…” Unnao Rape Victim’s Mother Manhandled, Protest StoppedIndian Travel Vlogger Anant Mittal Held In China, Comments On Arunachal Pradesh Trigger DetentionFrom Pride To Distress Sale: Pakistan Sells State-Owned PIA For Rs 135 Billion As Economy BucklesCalm With India, Weapons For Pakistan: Pentagon Report Warns Of China’s Strategic Balancing ActAssam’s Karbi Anglong Gripped By Violence, Internet Suspended As Anger Over ‘Encroachers’ Explodes123PhotostoriesFrom ‘My Secret Santa’ to ‘Meet Me Next Christmas’: Best Christmas movies to watch on OTT6 Christmas morning breakfast ideas that feel special without trying too hard2 easy recipes that lower blood pressure naturallyTotal number of Birkin bags owned by Jane Birkin: The answer will surprise you10 cheapest countries to visit with surprisingly low daily costs2026 Spiritual Guide For Your Birth Number: How to Strengthen Your Inner Self2025’s headline-grabbing star kids:Aryan Khan, Rasha Thadani, Shanaya Kapoor and more7 comforting winter raitas to add warmth to daily mealsMeet 7 birds of Indian forests that are also masters of camouflageYear ender 2025: Love anthems that ruled playlists from ‘Metro… In Dino’ to ‘Saiyara’123Hot PicksUAE WeatherPAN-Aadhaar linkingKarbi Anglong CurfewGold rate todayIncome Tax RefundPublic Holidays DecemberBank Holidays DecemberTop TrendingTaylor SwiftPaul RuddPatrick MahomesMegan Thee Stallion Net Worth 2025Travis KelceJoel EmbiidSavannah James Net WorthSophie CunninghamDrew McIntyre and Kaitlyn Frohnapfel Net WorthKhamzat Chimaev
PRAYAGRAJ: Noting that the trial court failed to notice that the appellant was confessing to a crime out of fear for his life, the Allahabad high court has overturned the conviction of a man who spent almost 24 years in prison after being sentenced to life imprisonment in a dacoity case.The trial court had in 2002 delivered its verdict based solely on his admission in his statements recorded under CrPC Section 313. A division bench of Justice JJ Munir and Justice Sanjiv Kumar found fault with the trial judge for failing to notice that the appellant was confessing out of fear for his life.The high court concluded that the trial court erred in convicting the appellant as the prosecution had failed to connect him with the offence. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted Azad Khan of all charges. He is to be released forthwith from Mainpuri jail, the high court directed.The division bench ruled in its Dec 19 order that a conviction cannot be premised solely on an admission made in a statement under CrPC Sec 313, especially when the prosecution fails to adduce any corroborative or incriminating evidence.The court termed the incarceration of Azad Khan for almost 24 years as the sad part of the matter, noting that his so-called admission of guilt was likely driven by fear for his life rather than being a genuine confession. The Allahabad high court also noted that the appellant had no assistance of an advocate to defend himself and was not offered or provided any legal aid, which violated the right to a fair trial guaranteed under Article 21 of the Constitution (right to life and personal liberty) and also constituted a violation of CrPC Sec 304, which mandates legal aid, at the state’s expense, for the accused.In Feb 2002, the appellant was convicted under ICP Secs 395 (dacoity) and 397 (robbery or dacoity, with attempt to cause death or grievous hurt) by the special judge (DAA)/additional sessions judge, Mainpuri.
