Suspicion, however strong it may be, cannot replace evidence, the Supreme Court has stressed, that a defendant is presumed innocent unless found guilty beyond any doubt

There must be a chain of evidence so complete that it shows that the act was in all likelihood committed by the accused, like a bench, Indira Banerjee and Hemant Gupta, in upholding a ruling by the Orissa Supreme Court found the two men acquitted who were accused of electrocuting a home guard

“It is well regulated by a number of court judgments from this court that suspicion, however strong, cannot replace evidence. A defendant is presumed to be innocent unless he is beyond doubt Proven guilty, “said the bank

According to an FIR submitted by Gitanjali Tadu to the police, her husband Bijay Kumar Tadu had worked as a deputy at the Chandabali Police Station

The woman has alleged that the defendant Banabihari Mohapatra, his son Luja and other accomplices killed their husband with an electric shock after they administered some toxic substances

The Apex Court said the autopsy report revealed that the cause of death was electrical shock and that there was no conclusive evidence that the death was fatal

“The mere fact that the deceased was found dead in a room of accused respondent No. 1 and that the accused interviewees had informed the complainant that the deceased had lain motionless and still and did not respond to calls and calls, does not establish that the accused interviewees murdered the deceased, “said the bank

The Supreme Court said the prosecution had miserably failed to determine the guilt of the accused respondents, and the court had rightly acquitted the accused interviewees

The bank said that in this case it cannot be said that the reasons given by the High Court to overturn the conviction of the accused are weak, untenable, or verging on the perverse appreciation of evidence “Before a case can be brought against a defendant, it must be said that the circumstances from which the conclusion of guilt is to be drawn are fully clarified, and that the facts so ascertained should only agree with the defendant’s guilt hypothesis

“There must be a chain of evidence so complete that there is no reasonable doubt about a conclusion that is consistent with the innocence of the defendant and that the act in all likelihood must have been committed by the defendant,” that said Court

There is a strong possibility that the defendant, who according to the doctor who performed the autopsy believed was drunk with alcohol, accidentally touched a live electrical cord while sleeping

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Suspicion

Weltnachrichten – GB – Suspicion cannot replace evidence: Supreme Court

Source: https://www.thehindu.com/news/national/suspicion-cannot-take-the-place-of-proof-supreme-court/article33894877.ece