The Bombay High Court on Monday revoked the death sentences awarded to five individuals in the 2006 Mumbai train bombing case, and acquitted all 12 men earlier convicted by a special MCOCA court in 2015.
The division bench, comprising Justices Anil Kilor and S.C. Chandak, nullified the trial court’s decision, citing inadequate evidence. The court noted the prosecution failed to conclusively determine the type of explosive used, and the confessional statements lacked legal credibility, allegedly obtained through coercion and torture.
The HC also dismissed the identification parades and witness depositions as unreliable, emphasizing that no solid forensic or corroborative proof was presented to justify the convictions. The 671-page judgment highlights that true justice involves punishing the actual perpetrators, not merely fabricating closure through wrongful convictions.
The defence argued the accused were innocent and had been wrongfully incarcerated for over 18 years, their prime years lost. The bench acknowledged these submissions, leading to the acquittal.
The original verdict from the special MCOCA trial court had described the act as “cold-blooded and senseless” and referred to the accused as “merchants of death.” However, the HC found such conclusions unsubstantiated.
The court also responded to the Maharashtra government’s plea seeking confirmation of the death penalties, ultimately ruling against it.
With one convict having died of COVID-19 in custody, others joined the verdict via video link from various prisons. Lawyers representing the accused hailed the decision as a landmark victory for judicial fairness and due process.