The Supreme Court on Friday set aside the conviction and life sentence handed down to four persons in a 25-year-old murder case, saying the evidence on record leaves “substantial gaps” which create a reasonable doubt regarding their involvement in the alleged crime.
The bench, which referred to two previous judgments of the top court, noted the categorical finding recorded by the high court that it was not possible for the prosecution witnesses to have witnessed the incident on a pitch-dark night or to identify the assailants merely on the basis of the sound of assault.
The top court said it is a settled position of law that to convict an accused on the basis of circumstantial evidence, each circumstance must be established beyond doubt and collectively point towards the guilt of the accused. the bench said the high court was not justified in affirming the conviction of the appellants While allowing the appeals.
A bench of Justices M M Sundresh and Prasanna B Varale delivered its judgment on the appeals challenging a May 2009 verdict of the Orissa High Court which affirmed the conviction of six persons in the case.
The top court said the six convicted persons had filed appeals before it challenging the high court verdict.
