Rajasthan High Court acquits woman and alleged lover accused of killing her mother-in-law

The Rajasthan High Court recently observed that it is nearly impossible for the prosecution to adduce evidence to prove an illicit relationship by direct evidence and such affairs can be proved only by relying on witness statements [State of Rajasthan vs Iqbal Abdul Rehman]..Justices Vijay Bishnoi and Rajendra Prakash Soni made the observation while confirming the acquittal of a woman and her alleged lover, who were accused of killing her mother-in-law.The Court noted that an illicit relationship is usually concealed from the public."An illicit relationship is generally concealed from public gaze and only a few are aware of such a fact. The people generally tend to suppress this fact to protect family honour for fear of societal disapproval. It is nearly impossible for the prosecution to collect direct evidence of an illicit relationship and therefore, it has to be rely upon statements of the witnesses," the Court's judgment stated. .The bench further observed that an illicit relationship is a very advanced stage of intimate relations, as against the amity, social relations and talking with each other as neighbours..The Court was dealing with a criminal appeal filed by the State challenging the acquittal of two persons, Iqbal Abdul Rehman and Bhagwanti Babu Lal Jain, both of whom were booked for the alleged murder of Bhagwanti's mother-in-law.As per the prosecution, Abdul and Bhagwanti were in an illicit relationship, which was objected to by the deceased mother-in-law. Thus, the two persons were stated to have held a grudge against her, eventually culminating in her murder.The prosecution relied upon the statements of witnesses (neighbours of the deceased) to prove its case. The witnesses had stated that they had seen both Abdul and Bhagwanti together several times as Abdul had started a video parlour adjacent to Bhagwanti's house.The prosecution contended that since Bhagwanti's husband was living in Bombay, she got involved in an extramarital affair with Abdul.However, on an analysis of the evidence, the bench found that the material available on the record only made out a 'sketchy outline' of the alleged relationship between Iqbal and Bhagwanti. "Nothing is established in respect of the fact of immoral relationship and it can safely be concluded that the evidence so produced is not sufficiently credible to raise inference of an illicit relationship and we cannot hold that Bhagyawanti was leading an adulterous life with Iqbal," the Court held..There is no reference of a grudge between the deceased and Bhagwanti or Iqbal on account of their alleged relationship either, the Court opined."Even otherwise on the basis of contradiction, testimony of said witnesses do not inspire confidence. In our opinion, evidence produced by the prosecution in respect of illicit relationship undoubtedly creates doubt and in any case it cannot be relied upon to accept that both the respondents were having illicit relationship which is said to constitute motive of the alleged occurrence," the bench concluded. Therefore, the Court held that the prosecution failed to prove beyond reasonable doubt, the alleged illicit relationship or the motive for the alleged murder.With these observations, the Court upheld the acquittal of the two accused..Public Prosecutor BR Bishnoi appeared for the State.Advocates Sunil Mehta, Shivani Mutha and SD Purohit represented the accused persons..[Read Judgment]