Doubt cannot replace evidence, Supreme Court verdict in sensational death mystery, know how the incident happened

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By: Tanumoy Banerjee

Last Update: 2021-02-21 01:52:18 IST

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The Supreme Court has said in the sensational death mystery case that suspicion can never replace evidence no matter how strong it is. Any accused should be presumed innocent until proven guilty. Learn how this incident happened ...

The Supreme Court has said that doubt can never replace proof, however strong it may be. The court asserted that any accused is presumed innocent until proven guilty beyond reasonable doubt. A bench of Justices Indira Banerjee and Hemant Gupta upheld a judgment of the Orissa High Court that the evidence of any accused should be so complete that the charge against him could be proved.

The Orissa High Court acquitted two accused of killing a home guard with electric current for lack of evidence. The bench said, "It is well established by the judicial pronouncement of this Court that doubt, even if it is strong, cannot replace evidence."

Geetanjali Tadu had said in her complaint to the police that her husband Bijay Kumar Tadu was posted at Chandabali police station. He was killed by Banabhari Mahapatra, his son Luja and others by feeding them some poisonous substances and then by electrocution. The apex court said that the post-mortem report shows that the death was caused by electric current but there is no tentative evidence that it was a case of murder.

The bench said, simply due to the fact that the deceased was lying in the accused's room and the defendants informed the complainant that her husband was in a passive state and did not react to the sounding, it is not proved that the defendants murdered him Had. The apex court said that the prosecution failed to prove the guilt of the accused and the court acquitted the accused and took the right decision.

The court said that there should be circumstantial evidence that can be proved. The link of evidence should be such that there is no scope for doubt. The bench said that there is a high possibility that the accused may have drunk alcohol on the complainant's husband, as the post-mortem doctor believes and accidentally came in contact with the electric wire while sleeping.

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