The Orissa high court has indicted a trial court for not appreciating the evidence in proper light and making evidence entrenched in probabilities as basis for conviction in a murder case while sentencing the accused to imprisonment for life 21 years ago.
The indictment came on Wednesday while giving benefit of doubt and acquitting a man of the charges of killing his wife 25 years ago. The HC had earlier granted him bail.
“The trial court findings that circumstances were more than enough to install a reasonable doubt are unacceptable,” the HC ruled, while observing that the entire circumstantial evidence failed to show beyond reasonable doubt the involvement of the accused.
“The circumstances so found do not appear to be conclusive in nature. The entire circumstantial evidence is half-baked and seems to be more fictionalized. We, therefore, have no hesitation in holding that the submission of the prosecution was also dotted with probabilities and failed to go beyond mere suspicion,” a bench comprising of Justice Sanju Panda and Justice SK Panigrahi said.
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