Absconding Accused Cannot Benefit from Delayed Arrest and Death of Witness

Case Snapshot

• Case Name: The State of West Bengal v. Kader Khan

• Citation: 2026 INSC 718

• Bench: Justice Sanjay Karol and Justice Vipul M. Pancholi

• Date of Judgment: July 17, 2026

• Area of Law: Criminal Law, Evidence, Criminal Procedure

Judgment in Brief

The Supreme Court allowed the State's appeal and set aside the High Court's judgment, holding that the deposition of a deceased victim recorded in the trial of co-accused is admissible against an absconding accused under Section 299 of the Code of Criminal Procedure, 1973. The Court clarified that there is no requirement for a formal pre-order recording satisfaction that the accused has absconded and there is no immediate prospect of arrest. What is relevant is whether these conditions were established at the time of recording the evidence. Since the respondent was absconding for over four years and the victim had died before his arrest, the victim's deposition was admissible. The Court rejected the High Court's restrictive interpretation, observing that it would encourage accused persons to abscond and await the death of witnesses.

Relevant Facts

• On February 5, 2012, the victim was gang-raped at gunpoint by five accused persons, including the respondent.

• Three accused were apprehended promptly. Warrants were issued against the respondent and another absconding accused on March 5, 2012.

• Proclamation was issued against them on April 12, 2012, and chargesheet was filed on May 10, 2012, showing them as absconding.

• The trial against the three apprehended accused was split on January 22, 2013. Charges were framed on February 19, 2013.

• The victim deposed from March 13, 2013, to July 3, 2013, and was cross-examined by the accused. The prosecution examined 45 witnesses.

• The victim passed away on March 13, 2015. The three accused were convicted on December 10, 2015.

• The respondent was arrested on Septe

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