The Supreme Court of India has dismissed an appeal filed by a man convicted for the 1998 murder of a woman, who was branded a witch and brutally assaulted to death by him and a co-accused in Odisha's Sundargarh district.
A bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria upheld the concurrent findings of the Trial Court and the High Court of Orissa, which had sentenced the appellant, Balku Oram, to life imprisonment for the offense.
In a scathing commentary on the prevalence of regressive social practices, the Court lamented that despite the constitutional vision of a society based on "scientific temperament," the malady of witch-hunting continues to plague sections of society where irrational fear supersedes the rule of law.
"A Constitutional democracy such as ours cannot survive wherein such derogatory practices continue to elude the principles of rule of law and Constitutional morality," the Court observed.
Court Rejects Arguments Against Sole Eyewitness
The appellant had challenged his conviction by arguing that the sole eyewitness—the deceased's daughter—was a "related/interested witness" and that her testimony lacked independent corroboration. He further cited a delay in the filing of the First Information Report (FIR) as a ground for doubt.
Rejecting these contentions, the Supreme Court held that the daughter’s testimony was "natural, cogent and trustworthy" and was sufficiently corroborated by medical evidence. The bench reiterated the principle that a close relative who acts as a natural witness cannot be equated with an "interested witness" unless a clear motive to falsely implicate the accused is established.
Regarding the delay in the FIR, the Court held that it was well-explained, noting that the witness, who was merely 15-16 years old at the time of the incident, was understandably in a state of deep shock and despair after witnessing the brutal killing of her mother.
'Witch-Hunting Is An Anathema To Human Dignity'
While dismissing the appeal, the Court emphasized that the incident was a stark reminder of the "brutality associated with witch-hunting," which often involves torture, sexual violence, and social ostracization of vulnerable women.
The Court observed that such incidents often reflect a "deeply rooted social prejudice that often seeks scapegoats rather than solutions". It called upon society to prioritize "reason," characterizing it as the "only virtue that stands as a bulwark against collective irrationality".
"This Court fervently hopes that the present case serves as a solemn reminder that justice must always prevail over superstition and irrational beliefs," the judgment concluded.
Representation:-
For Petitioner(s) :Mr. Rakesh Kumar Khanna, Sr. Adv. Ms. Savita Devi, Adv. Mr. Rajiv Kumar Sinha, AOR Mr. Aditya Pushkal Khanna, Adv. Ms. Arushi Jindal, Adv. Mr. Govind Kashyap, Adv. Mr. Gaurav Gupta, Adv.
For Respondent(s) :Mr. Naveen Kumar, AOR Mr. Ujjawal Kumar Rai, Adv. Ms. Isha Baloni, Adv. Mr. Sudhanshu Pathak, Adv. Mr. Rishabh Chaudhary, Adv. Mr. Lakshay Singh, Adv. Ms. Pragya Prachi Pandey, Adv. Ms. Shailja Singh, Adv. Ms. Nidhi Singh, Adv. Ms. Shrijeta Pratik, Adv. Mr. Prabhat Sejwar, Adv. Mr. Utkarsh Chandra, Adv.
