A division bench of the Madras High Court on Friday set aside the orders dated August 12, 2011 of the II Additional Sessions Judge in Pudhucherry awarding life imprisonment to two persons.
Prosecution could not establish its case beyond reasonable doubts, the bench comprising Justices KN Basha and P Devadass said.
According to prosecution, Kumi alias Kumaran and Senba alias Senbagasri Kumar murdered Manimozhi, wife of Boopathy, on February 14, 2002.
While Boopathy was working as a company secretary in a firm in Puducherry, Manimozhi was running an internet centre.
Kumi and Senba were introduced to the couple by a common friend. They were arrested on the charge of murdering Manimozhi and the lower court awarded life term to them.
Disposing of the appeal, the bench observed that the circumstances projected by the prosecution were not proved and there remained nothing to implicate the accused with the death of the woman or her missing jewels.
“Suspicion, however strong cannot be a substitute for legal proof. When charges are serious, the court must be serious of proving those charges. The charges cannot be proved by suspicion... ‘Might be’ is not equivalent to ‘must be’. Charges must be proved beyond all reasonable doubts,” the bench observed and ordered the acquittal of the accused.