The Supreme Court of India has acquitted Moinul Haque, the prime accused in the 2017 rape and murder of a primary school headmistress in Hojai district, citing major lapses in the police investigation and prosecution. A bench comprising Justices Vikram Nath and Sandeep Mehta upheld the 2022 verdict of the Gauhati High Court, which had acquitted Haque of charges of rape and murder. The apex court dismissed the appeal filed by the Assam government challenging the acquittal. In its judgment, the court observed that the arrest of the accused was “shrouded in a cloud of doubt” and pointed out serious deficiencies in the prosecution’s case. It stated that there was no reliable evidence linking Haque to the crime and that the chain of circumstantial evidence was incomplete and unconvincing.
The court also set aside Haque’s conviction under Section 201 of the Indian Penal Code (destruction of evidence), even though he had not challenged that part of the verdict. The bench clarified that it has the authority to ensure complete justice under its appellate jurisdiction. “The absence of an appeal by the accused does not take away this Court’s jurisdiction,” the bench noted, adding that the conviction under Section 201 was not sustainable in law or fact. Haque has been directed to be released immediately. The case dates back to May 31, 2017, when a 58-year-old headmistress was allegedly raped and murdered in Hojai. Her body was recovered the next day near the Kopili River at Jamunamukh. Police had arrested Haque and co-accused Salim Uddin, who allegedly confessed to the crime.
A trial court had earlier sentenced Haque to death and awarded five years’ rigorous imprisonment to Uddin. However, in 2022, the Gauhati High Court acquitted both of rape and murder, citing lack of substantive evidence, and reduced Haque’s sentence to three years for destruction of evidence. The Supreme Court endorsed the High Court’s findings, highlighting inconsistencies in the investigation and absence of credible proof, including lack of concrete evidence of rape.
During the hearing, senior additional advocate general Chinmoy Pradip Sharma appeared for the Assam government, while senior advocate PV Dinesh assisted the court as amicus curiae. The ruling has once again brought attention to investigative lapses. Former Assam Director General of Police Bhaskar Jyoti Mahanta had earlier acknowledged shortcomings in the probe, noting that key charges under Sections 120(B) and 34 of the IPC were not invoked. The verdict reinforces the principle that criminal convictions must be based on clear, credible, and reliable evidence, and cannot rest solely on suspicion, no matter how strong.