In a ruling that pulls the brakes on blind reliance on the “last seen together” theory, the Supreme Court has drawn a sharp line: if an accused raises a credible alibi, it’s the prosecution’s job to knock it down before rushing to convict.
The country’s highest court overturned a husband’s conviction in the alleged murder of his wife, finding that both the police and the High Court fumbled in their approach. The man had consistently claimed he was away on duty at a cement factory the night his wife died—information he relayed to the police right from the start. But instead of investigating that claim, authorities glossed over it, and the High Court wrongly shifted the burden onto him to prove his innocence.
“The accused’s absence was flagged in the very first report. The High Court’s view that he needed to establish the alibi is not just wrong—it’s fundamentally flawed,” the bench noted.
The Supreme Court emphasized that while it’s suspicious when a spouse can’t explain a death that occurred in their shared home, suspicion alone isn’t a conviction. And when there’s a plausible story—like being away at work, mentioned even before an FIR is filed—it can’t be brushed off as a lie or an afterthought. If the state wants to hang a conviction on such a case, it must disprove the alibi, not sidestep it.
“Last seen together” may be a red flag, the court said, but it’s not a smoking gun. “A suspicion—however strong—is still only a suspicion. It does not equal proof,” the judgment underscored, citing the landmark Sharad Birdhichand Sarda ruling on circumstantial evidence.
In this case, not only was the man the one who first informed the police of his wife’s sudden death, but even her family—who came to the house on the same day—didn’t raise any immediate concerns. It wasn’t until five days later that allegations of suicide linked to harassment surfaced, claims that couldn’t be substantiated in court.
“We don’t see a single thread—let alone a chain—tying this man to a murder,” the Court concluded, setting aside the High Court’s judgment and reinstating his acquittal.
The man is to be released immediately, unless held in connection with any other case.
