Non-Recovery of Weapon not Fatal in Conviction

By K Rajasekharan 12 January 2025No Comments

Recovery of weapon is not essential in conviction

Non-recovery of weapon used in the commission of the offence is of no consequences at all when the circumstances in the case established beyond doubt that it was the accused who caused the death of the victim, despite no recovery of weapon, says the High Court of Kerala in Satheesh Babu v State of Kerala [2023:KER:78326].

The High Court adds that the recovery of the weapon used in the commission of the offence is not a sine qua non to convict the accused. The court relied on the judgement in Rakesh v State of Uttar Pradesh [ AIR 2021 SC 3233].

SC says recovery is not a sine qua non in conviction

In an earlier occasion, the Supreme Court (SC) in State v Laly @ Manikandan, held that the recovery of the weapon used in the commission of the offence is not a sine qua non to convict the accused. The SC says even in the absence of recovery of weapon, the accused can be convicted if there is direct evidence in the form of eye witness and there can be a conviction on the basis of the deposition of the sole eye witness, if the said witness is found to be trustworthy and/or reliable.

Similarly, the court held that even in the case of some contradictions with respect to timing of lodging the FIR/complaint cannot be a ground to acquit the accused when the prosecution case is based upon the deposition of reliable eye witness. There can be a conviction on the basis of the deposition of the sole eye witness, if the said witness is found to be trustworthy and/or reliable, says the SC.

SC reiterates the principle in a 2025 judgement

In Goverdhan & Another v State of Chhattisgarh [2025 INSC 47], the non-recovery of the weapon of crime is not fatal to the prosecution case, if there are direct reliable witnesses.

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