The Allahabad High Court acquitted Raees after 23 years in a family murder case, calling it a “sad commentary on our criminal justice delivery system.” Justices Siddharth and Jai Krishna Upadhyay urged more judges, staff, and infrastructure to tackle criminal appeal delays.
PRAYAGRAJ: Acquitting a man who spent almost 23 years behind bars in the murder of his wife and children, the Allahabad High Court termed the episode a “sad commentary on our criminal justice delivery system”.
The court said that meaningful reform in the handling of criminal appeals requires increasing the number of judges, bolstering support staff and improving infrastructure, adding that merely holding conferences and meetings will not cure the growing delays in criminal appeal disposal.
The division bench of Justices Siddharth and Jai Krishna Upadhyay made these observations while allowing a criminal appeal filed by Raees. The court emphasized that criminal appeals demand sustained judicial effort and cannot be addressed by administrative optics alone.
There is, the bench warned, no substitute for hard work in deciding appeals, and deficiencies in infrastructure and staffing directly hamper timely disposal.
Factual Backgrounds:
The crime occurred on the night of August 29–30, 2003, when Noor Jahan and three of her children were found dead with deep incised wounds to their necks. An FIR was lodged by her uncle, Mohd. Zabir, alleging that Raees killed them after a domestic quarrel.
The prosecution’s case rested largely on the testimony of Azim, the couple’s surviving son, who initially said he witnessed the killings. Under cross-examination, however, Azim admitted he had been coached by the informant and lawyers and had given statements as instructed. He also testified that his father returned home the next morning after being informed by phone about the incident.
Observations of the Court:
The court found significant contradictions in key witness statements. It observed that although Noor Jahan’s parents and brothers were alive, none filed the FIR or testified for the prosecution. The bench also pointed to evidence of prior ill-will between the informant and the accused.
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The purported recovery of a knife at the accused’s instance did not inspire confidence, the investigating officer could not satisfactorily account for delays in recording the statements of the recovery witnesses. A jail doctor’s examination shortly after arrest noted injuries on the accused, including broken nails, raising concerns about possible custodial treatment an allegation the investigating officer denied.
The court closely examined the prosecution’s reliance on alleged extra-judicial confessions reportedly made to two witnesses from another village. Citing settled law that extra-judicial confessions are weak evidence that require strong corroboration, the bench found the surrounding circumstances unconvincing.
Medical evidence further undermined the prosecution: Post-Mortem Reports indicated each victim suffered a single but extremely deep incised wound severing major neck structures, including the trachea and vertebral column. The nature of those injuries suggested the use of a heavy, sharp weapon, casting doubt on the prosecution’s claim that an ordinary knife was employed.
While acknowledging the brutality of the killings, the bench concluded the prosecution had not proved beyond reasonable doubt that the appellant committed the offense. Giving Raees the benefit of the doubt, the court ordered his immediate release, noting he had been imprisoned for about 23 years.
In a poignant observation, the court remarked that the appellant’s suffering might not end with freedom, since he returns to a life without his wife and three children and faces uncertain acceptance from his surviving son.
The judgment highlighted the profound human cost of systemic delays and reinforced the pressing need for structural reforms in the justice delivery system.
Case Title: Raees vs. State of UP
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