SHILLONG, MAR 19: Twenty‑three years after her husband and four‑year‑old son died of dao wounds in their West Jaintia Hills home, Porthmi Bthuh walked free Wednesday as the Meghalaya High Court quashed her life sentence and cleared her of murder and grievous‑hurt charges.

In its judgment, the division bench comprising Chief Justice Revati Mohite Dere and Justice W Diengdoh, held that the entire prosecution case rested on a Section 164 confession that “suffers from several infirmities” and was never exhibited at trial.

The Bench pointed out gaps in the Magistrate’s record — no reflection period, missing endorsements, blanks in key columns and an oath administered to the accused — and said “implicit reliance cannot be placed on the same”.

Bthuh was convicted on August 31, 2021 by the Additional Deputy Commissioner (Judicial) at Jowai for the deaths of Kor Sing and injury to her two‑year‑eight‑month‑old daughter. She had been acquitted of killing her son.

At the High Court, senior counsel SP Mahanta argued that “there was no evidence qua the appellant” and the trial judge convicted “solely on the basis of a confession” that was not supplied to the defence.

He cited a line of Supreme Court rulings requiring circumstantial evidence to form an unbroken chain.

Additional Advocate General K Khan countered that the Magistrate’s note — calling the statement “spontaneous” — made it voluntary, and urged the Court to invoke Section 106 of the Evidence Act because Bthuh offered no explanation of what happened indoors.

The Bench rejected that plea.

“Section 106 cannot be used to support a conviction unless the prosecution has discharged the onus…the prosecution must stand or fall on its own legs,” the bench stated in its order, quoting Nagendra Sah v. State of Bihar (2021).

The bench stressed that none of the eight witnesses saw Bthuh alone with the victims; PW1 did not see her at the spot, PW2 saw her emerge with a dao, PW5 snatched that weapon from her outside the house, and the trial court itself admitted there was “no evidence to show what happened inside”.

“The chain of evidence is far from complete,” the bench said, noting that the alleged confession named a non‑tribal person present at the scene who was never investigated.

“False defence…would be additional circumstances, provided that the prosecution has been able to prove the chain of circumstances. Here it has miserably failed.”

The bench also stated: “When a case is resting on circumstantial evidence, if the accused fails to offer a reasonable explanation in discharge of burden placed on him by virtue of Section 106 of the Evidence Act, such a failure may provide an additional link to the chain of circumstances. In a case governed by circumstantial evidence, if the chain of circumstances which is required to be established by the prosecution is not established, the failure of accused to discharge the burden under Sectioon 106 of the Evidence Act is not relevant at al. When the chain is not complete, falsity of the defence is no ground to convict the accused. We in the facts, find that the prosecution has miserably failed to prove its case i.e, the circumstances, against the appellant, by leading cogent, legal and admissible evidence and that the chain of evidence is far from complete.”

“According, the impugned judgment and order dated 31st August, 2021 passed by the learned Additional Deputy Commissioner (Judicial), West Jaintia Hills District, Jowai in Session Case No.13 of 2013 is quashed and set aside and the appellant is acquitted of all the offences,” the bench said while directing “The appellant be set at liberty forthwith, if not required in any other case. The appeal is allowed and disposed of on the aforesaid terms.”

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