Mr. Ponnusamy, the Supreme Court has held that conspiracies can be overheard. The High Court's observation that it is an 'insult to the criminal justice system' to suggest that a conspiracy could be overheard appears to be an overstatement. How do you justify that reasoning?

My Lord, the High Court's observation must be read in context. It is not an absolute proposition that a conspiracy can never be overheard. The High Court's point was that in this particular case, the alleged conspiracy was discussed in the presence of multiple strangers — PW4, PW5, PW53, PW3 — in a manner that defies common sense. The conspirators are alleged to include trained lawyers and professional killers. It is inherently improbable that they would discuss the murder of a reputed doctor in detail, in the presence of strangers, and that these strangers would all coincidentally be present and remember every detail. The High Court's observation was about the inherent improbability of the prosecution's version, not a general rule of law. This Court should respect that finding of improbability.

The approver PW12 was granted pardon. His deposition is consistent with the other witnesses. The contradictions with his earlier Section 161 statement are expected because he was an accused then. Why should his evidence be rejected?

My Lord, the High Court did not reject PW12's evidence solely on the ground of contradictions. The Court found that PW12's evidence lacked material corroboration. The purported corroboration came from witnesses who themselves were unreliable — chance witnesses with delayed disclosure, witnesses with no credible explanation for their presence, witnesses whose statements were recorded months after the incident. The law requires that the evidence of an approver be corroborated by 'unimpeachable evidence.' Here, there is none. The High Court was correct in holding that PW12's evidence could not be relied upon. The fact that contradictions are 'expected' does not mean they are irrelevant. They still go to the credibility of the witness. The High Court was entitled to consider them.

The CDRs were not properly proved under Section 65-B, but the State argues that direct evidence is sufficient. What is your response to that?

My Lord, the State's argument that the direct evidence is sufficient is circular. The direct evidence itself is unreliable. The eye witnesses (PW2 and PW3) were chance witnesses whose presence was not properly explained. PW3's statement was recorded after a delay of five months. The conspiracy witnesses (PW4, PW5, PW53) were introduced as an afterthought. The approver's evidence lacks corroboration. The money trail — even if accepted — only shows movement of money, not the purpose of the movement. The recoveries are of items (visiting card, knife) that are not incriminating in themselves. When the electronic evidence is removed, what remains is a weak case built on unreliable witnesses. The High Court correctly found that the prosecution had not proved its case beyond reasonable doubt.

A1 and A2 are elderly parents who played a limited role. The Court has already shown leniency by recommending mercy petitions. For the other accused, the evidence appears strong. Why should their acquittal be upheld?

My Lord, with respect, the evidence against the other accused is not strong. A3 and A4 are the sons who allegedly had the motive. But the evidence of conspiracy against them comes from unreliable witnesses — PW4, PW5, PW53. A5 is a lawyer whose only alleged involvement is that the money flowed through his account — but the purpose of that money has not been proved. A6 is alleged to have distributed the money — but DW2, who was examined as a defence witness, gave an alternative explanation for the money transfers (investment, missionary work). A7 is a doctor whose involvement is based solely on the testimony of PW8 — a single witness whose credibility is doubtful. A8 and A9 are the alleged assailants, but their identification is based on PW2 and PW3, whose testimony is unreliable, and on CCTV footage that was mishandled. The High Court's acquittal was based on a cumulative assessment of these weaknesses. The State has not pointed to any specific error that would warrant interference with the acquittal of any of the accused.

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High Court Acquittal Based on Reasonable Doubt — (2026) INSC 507

The High Court correctly reversed the Trial Court's conviction after a thorough re-appreciation of evidence.

State of Tamil Nadu v. Ponnusamy — (2026) INSC 507

Core Argument

The High Court correctly reversed the Trial Court's conviction after a thorough re-appreciation of evidence. The approver's evidence was unreliable and lacked material corroboration, the witnesses were chance witnesses with delayed disclosure, the CDRs were not properly proved, and the CCTV footage was mishandled. The acquittal reflects a reasonable doubt and should not be disturbed.

Key Precedents

Sarwan Singh v. State of Punjab AIR 1957 SC 637 — Held that the evidence of an approver must satisfy the twin test of reliability and sufficient corroboration; the High Court correctly found that PW12's evidence did not meet this test.
Narayan Chetanram Chaudhary v. State of Maharashtra (2000) 8 SCC 457 — Stands for the proposition that re-enactment evidence is not admissible if it amounts to testimonial compulsion.
Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424 — Held that Article 20(3) protects against any form of testimonial compulsion, including re-enactment that reveals personal knowledge.

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