The Crossbill Team
A Delhi court has ruled that WhatsApp chats cannot be considered "substantive evidence" in criminal trials, particularly in serious cases such as murder.
The observation came during the trial of five murder cases related to the 2020 northeast Delhi riots, where the prosecution heavily relied on WhatsApp messages to implicate the accused.
The ruling was delivered by Additional Sessions Judge Pulastya Pramachala at Karkardooma Court, who noted that while such digital chats may offer corroborative value, they cannot independently establish guilt, The Indian Express reported.
“Such posts may be put in the group solely with the intention of becoming a hero in the estimation of other members of the group. It could be a boast, without truth. Therefore, the relied upon chats cannot be substantive evidence to show that the accused… had actually killed two Muslim persons. These chats at the most could be used as a corroborative piece of evidence," the judge observed.
The cases in question are five out of nine murder cases stemming from the communal violence that erupted in northeast Delhi in February 2020.
The Delhi Police had filed charges against 12 individuals, who were common accused in all five cases. The bodies of the nine victims were recovered a week after the violence subsided.
One of the key elements in the prosecution’s case was a WhatsApp group named ‘Kattar Hindu Ekta’, which featured prominently in multiple chargesheets.
According to the prosecution, one of the accused, Lokesh Solanki, posted a message in the group claiming: “Your brother has killed 2 Muslim men at 9 o’clock.”
Solanki’s statement during interrogation led to the arrest of several others implicated in the murder cases.
However, the court ruled that such statements, even if incriminating on the surface, are insufficient to establish guilt without independent and corroborating evidence.
In an earlier judgment on April 30 related to the murder of one Hashim Ali, the same court acquitted 12 accused due to lack of eyewitnesses and insufficient direct evidence.
The court had reiterated that WhatsApp chats alone “cannot form the sole basis for conviction due to their inherent weaknesses” and must be backed by “independent, reliable evidence.”
Of the nine murder cases filed during the riots, one has ended in acquittal, trials are ongoing in three, and five have now resulted in acquittals of the 12 accused due to lack of substantive proof.
The ruling sets a significant precedent in cases where digital communication is used as primary evidence, reinforcing the legal standard that conviction must rest on solid, corroborated facts.
The observation came during the trial of five murder cases related to the 2020 northeast Delhi riots, where the prosecution heavily relied on WhatsApp messages to implicate the accused.
The ruling was delivered by Additional Sessions Judge Pulastya Pramachala at Karkardooma Court, who noted that while such digital chats may offer corroborative value, they cannot independently establish guilt, The Indian Express reported.
“Such posts may be put in the group solely with the intention of becoming a hero in the estimation of other members of the group. It could be a boast, without truth. Therefore, the relied upon chats cannot be substantive evidence to show that the accused… had actually killed two Muslim persons. These chats at the most could be used as a corroborative piece of evidence," the judge observed.
The cases in question are five out of nine murder cases stemming from the communal violence that erupted in northeast Delhi in February 2020.
The Delhi Police had filed charges against 12 individuals, who were common accused in all five cases. The bodies of the nine victims were recovered a week after the violence subsided.
One of the key elements in the prosecution’s case was a WhatsApp group named ‘Kattar Hindu Ekta’, which featured prominently in multiple chargesheets.
According to the prosecution, one of the accused, Lokesh Solanki, posted a message in the group claiming: “Your brother has killed 2 Muslim men at 9 o’clock.”
Solanki’s statement during interrogation led to the arrest of several others implicated in the murder cases.
However, the court ruled that such statements, even if incriminating on the surface, are insufficient to establish guilt without independent and corroborating evidence.
In an earlier judgment on April 30 related to the murder of one Hashim Ali, the same court acquitted 12 accused due to lack of eyewitnesses and insufficient direct evidence.
The court had reiterated that WhatsApp chats alone “cannot form the sole basis for conviction due to their inherent weaknesses” and must be backed by “independent, reliable evidence.”
Of the nine murder cases filed during the riots, one has ended in acquittal, trials are ongoing in three, and five have now resulted in acquittals of the 12 accused due to lack of substantive proof.
The ruling sets a significant precedent in cases where digital communication is used as primary evidence, reinforcing the legal standard that conviction must rest on solid, corroborated facts.
Comments (0)
Leave a Comment