A sessions court in Maharashtra`s Thane city has acquitted a couple from Rajasthan in a double murder case of 2017, citing insufficient and inconclusive evidence, reported news agency PTI.
The couple`s minor daughter was also made an accused, and her case is with the juvenile court.
In his order of June 23, a copy of which was made available on Thursday, Sessions Judge A N Sirsikar raised several questions on the prosecution`s case before giving relief to the accused, identified as Ali Akbar Abujar Kachwala and Amina Ismail Shaikh, reported PTI.
As per the prosecution, a woman named Naziya and her 11-year-old daughter were found dead with their throats slit at their home in Mumbra near Thane in November 2017. Cash, jewellery and a mobile phone worth Rs 1.11 lakh were reported stolen.
The prosecution alleged the couple`s daughter had earlier worked as a maid in the victims` house. Its case relied on circumstantial evidence, including the alleged presence of the accused and the juvenile near the crime scene, and the recovery of the "stolen" items and a weapon, reported PTI.
Advocate Saghar Kolhe, who represented the accused, contested the prosecution`s theory and the investigation itself.
Judge Sirsikar noted that the CCTV footage that the prosecution relied on could not establish the identity of the accused. The footage shows a woman in a burkha, while the man`s face is blurry, he said, reported PTI.
The Thane court also noted that the footage lacked proper compliance with the Evidence Act.
The prosecution`s claim that the juvenile spiked the victim`s food to facilitate the crime was dismissed, with the judge noting that the chemical analysis of the viscera samples did not point to the presence of any other substance.
On the recovery of a blood-stained knife from Ali Akbar Kachwala, the judge said, "In my view, only on the basis of this evidence, the guilt of the accused cannot be conclusively proved," reported PTI.
The Thane court also held that the prosecution did not clearly identify the stolen jewellery. "The prosecution witness has specifically admitted in the cross-examination that such types of rings and chains are generally prepared and are available in the market," the judge said, clearing the accused of stealing the ornaments, reported PTI.
The Thane court said co-accused Amina had suffered from polio and she needs a walker for mobility. It is "very difficult" for her to be involved in the double murder, said the judge. "There is absolutely no evidence against accused Amina," he added.
Holding that the prosecution had "failed to conclusively prove any of the circumstances against the accused", the court acquitted the couple.
(With inputs from PTI)
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