‘Suspicion no substitute for proof': HC upholds acquittal of 2 in explosives case
"
A division bench of Justice Sanjay S Agrawal and Justice Radhakishan Agrawal dismissed the state's appeal against the acquittal of Muchaki Deva (38) and Vijja Podyami (35), who were booked under the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005, and the Explosive Substances Act, 1908.
According to the prosecution, both men were apprehended in Sept 2015 near Bhadrimahu village, Bastar, during a search operation, and explosive devices were recovered based on their statements.
However, the trial court found contradictions in the seizure proceedings and noted the absence of an FSL report to confirm that the seized material was explosive.
The HC, after examining witness statements, found "major contradictions and omissions" in the testimonies of the investigating officer and two seizure witnesses.
The bench noted inconsistencies about the location of the seizure and confirmed that all seizure documentation had been signed at the police station rather than at the spot of the case.
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The court emphasised that the prosecution failed to produce clinching evidence linking the accused to the alleged explosives.
"The entire case was based on suspicion, but suspicion cannot substitute for proof," the judgment said. Concluding that the trial court's acquittal was "just and proper", the high court said there was no reason to interfere with the order, thereby dismissing the state's appeal.
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