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‘Suspicion no substitute for proof': HC upholds acquittal of 2 in explosives case
‘Suspicion no substitute for proof': HC upholds acquittal of 2 in explosives case

Time of India

time5 days ago

  • Time of India

‘Suspicion no substitute for proof': HC upholds acquittal of 2 in explosives case

Raipur: The Chhattisgarh high court has upheld a Bastar trial court's 2016 decision to acquit two men accused of possessing tiffin bombs and being active members of a banned Maoist organisation, observing that "suspicion, no matter how strong, cannot take the place of proof. " 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. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Transform Your Garden Overnight with These Genius Tricks! Kingdom Of Men Undo 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. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area. Get the latest lifestyle updates on Times of India, along with Raksha Bandhan wishes , messages and quotes !

'Suspicion cannot replace proof': Chhattisgarh HC upholds acquittal in explosives case
'Suspicion cannot replace proof': Chhattisgarh HC upholds acquittal in explosives case

Time of India

time6 days ago

  • Time of India

'Suspicion cannot replace proof': Chhattisgarh HC upholds acquittal in explosives case

Representative Image RAIPUR: The Chhattisgarh High Court upheld a Bastar trial court's 2016 decision to acquit two men accused of possessing tiffin bombs and being active members of a banned Maoist organisation. The court observed that 'suspicion, no matter how strong, cannot take the place of proof.' 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). They 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 September 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 was signed at the police station rather than at the spot. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Use an AI Writing Tool That Actually Understands Your Voice Grammarly Install Now Undo 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. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area. Get the latest lifestyle updates on Times of India, along with Raksha Bandhan wishes , messages and quotes !

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