Mumbai: The Bombay High Court on Wednesday released two people, including those who were teenagers 23 years ago when ordering for the murder of another young man inside the STD booth in Kolhapur.
Judgment by Sadhana Jadhav judicial bench and Justice P K Chavan came 22 years after their life sentence and order.
The benefits of doubt must be given because this case falls in the “unproven” category under Indian evidence law, the high court said.
The defendant, aged 19 and 31 years when punished, appealed in 2000.
Both of them were given teenagers’ guarantees on the grounds that he was still small as soon as he appealed, said his lawyer Niranjan Mundargi.
Since then he works.
In 1999, the 18-year-old defendant was ordered.
Accused of accused of his uncle.
The main eyewitness was the victim’s father.
The defense produced a teenage mother as a witness, who replaced him that he had seen the victim walk to his house, was injured and bleeding, while he was there to talk about the alleged complaints of his daughter against him.
The High Court said in a 25-page assessment that the evidence and deposition of defense witnesses could not be removed with lightly only because they were witnesses who were interested.
Mundaragi quoted various lacunes in the case of prosecution and said the TKP topography should be seen and whether the witness testimony inspired confidence.
“It was well-settled that it was the quality of evidence and not the quantity of evidence which was a material.
The amount of evidence has never been considered a test to decide the mistakes accused and the emphasis from the court is always on the quality of evidence,” said the High Court.
Additional Public Prosecutor Arfan Sait appointed direct evidence and natural eyewitnesses who said that he saw teenagers attacking the victim with a dagger on the chest and head over a misunderstanding that he had teased his sister.
The Father shouted and the attacker’s duo escaped, and when taken to the hospital, the victim was declared dead on arrival.
Topography and location of telephone rooms and places where the witness “denies the prosecution case” there was an eyewitness, said the high court.
Section 3 of Indian Proof Act defines evidence.
Evidence falls in three categories: proven, proven and not proven.
“A fact is said to deny when, after considering things in front of him, good courts believe that it does not exist, or consider his absence so that the possibility of wise people should, in certain cases, to act based on the assumption that it does not exist,” said the High Court .
It is said that “facts” are evidenced when the court believes it is or a wise person will say the possibility.
“Facts” are not proven when “not proven or not proven”, said the High Court, freeing the defendant and directed the fine, if there was, returned to them.