‘Suspicion can’t replace proof': Uttarakhand HC acquits two men sentenced to death

Suspicion, regardless of how strong it is, ‘cannot replace proof during a trial,’ the Uttarakhand high court remarked, as it acquitted two men sentenced to death by a lower court in connection with the murder of a woman during a robbery in her house.

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In its order passed on Tuesday, the division bench of Chief Justice Ritu Bahri and Justice Alok Verma, admonished the lower court, and acquitted Satyesh Kumar alias Sonu, and Mukesh Thapliyal of murder and robbery charges.

Observing that the statements of witnesses raised ‘serious doubts,’ the bench said, “Suspicion, however strong it might be, can never take the place of proof. It is the court's duty to ensure that mere conjecture or suspicion does not take the place of legal proof before convicting an accused.”

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The ‘distance’ between ‘could be’ and ‘should be’ must be kept in mind, it further stated, adding that ‘vague estimates’ and ‘definite conclusions’ in a criminal case must be 'clearly distinguished' during a trial.

The bench then acquitted both the convicts and ordered that they be released immediately.

The trial of Kumar and Thapliyal was held in a case, in which, according to the First Information Report (FIR), registered on the complaint by the son of Sarojini Devi, the victim, they killed her and hid her body behind the house.

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While there were no eyewitnesses, some of the looted money, as well as jewellery, were recovered from the duo.

(with PTI inputs)