No elevation from 'may be true' to 'must be true', says Delhi court; acquits man in murder case

New Delhi, Nov 16(PTI) A Delhi court has acquitted a man who was accused in a murder case from 2019, saying the charge was not proved.

The court said that the prosecution failed to elevate the case from "may be true" to "must be true", which was required for the conviction of an accused.

Additional Sessions Judge Bhupinder Singh was hearing the case against Vishal, who was accused of stabbing Virender, at a park in Karol Bagh on August 12, 2019.

In an order dated November 11, the judge said, "This court has no hesitation in holding that the circumstances relied upon by the prosecution have not been fully established, and they are not conclusive in nature." The hypothesis of guilt could not be the only hypothesis based on the facts brought on record, according to the court.

"The prosecution, from the quality and quantity of the evidence, could not prove the chain of circumstantial evidence, which could only lead to one inference, that is, the guilt of the accused,” the court said.

It also noted that the incident happened in a crowded public area (park), but the prosecution did not examine a single public witness.

It stated that the prosecution's omission of examining public witnesses and failure to explain the reason behind it raised serious doubts about the "fairness" and "transparency" of the investigation.

The case was registered at the Desh Bandhu Gupta Road police station against Vishal under Section 302 of the IPC (punishment for murder). PTI SKM MNR PRK PRK