The court set aside the conviction and death sentence and acquitted the accused of all charges. (Image generated using AI)The Gauhati High Court recently acquitted a man who had been sentenced to death for the rape and murder of a minor girl in Assam, observing that criminal courts cannot convict solely because the conduct of an accused appears suspicious or morally indefensible.A division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury set aside the conviction and death sentence imposed by the trial court and directed that the accused be released forthwith if not required in any other case.“In our opinion, these circumstances undoubtedly create a strong suspicion against the appellant. Nevertheless, suspicion, however grave and strong, cannot substitute proof. The medical evidence undoubtedly establishes that the deceased was strangulated to death. It does not, however, identify the person who caused such strangulation,” the court observed.It also noted that the “circumstances proved undoubtedly give rise to grave suspicion against the appellant; nevertheless, suspicion…however grave and strong, cannot take the place of legal proof”. Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury acquitted the accused.The prosecution case was that the child went missing on February 26, 2020, and her body was found the next morning. During the investigation, police relied on witnesses who claimed to have last seen the child with the accused, an alleged extra-judicial confession, and medical evidence. The trial court convicted the accused under Sections 302 (murder) and 376A (punishment for causing death or resulting in persistent vegetative state of victim) of the Indian Penal Code and Section 6 (aggravated penetrative sexual assault) of the POCSO Act, sentencing him to death.The State submitted a reference to the High Court for confirmation of the death sentence, while the accused filed an appeal challenging his conviction.The high court noted that the conviction rested entirely on circumstantial evidence and that there was no eyewitness to the actual occurrence of the incident. Examining the “last seen” evidence, the bench found that two of the prosecution witnesses had only hearsay knowledge of the child being taken away by the accused and could not establish that the victim was last seen exclusively in his company.Story continues below this adThe bench also discarded the alleged extra-judicial confession. It noted that the confession had been made while the accused was already in police custody after police summoned witnesses to the station. Such a confession, it held, was hit by Sections 25 and 26 of the Evidence Act and could not be treated as a voluntary disclosure before an independent person.According to the accused’s statement, the child died accidentally after being struck by a stick. While the medical evidence disproved the claim of accidental death and established that the victim died of strangulation, the court held that this did not automatically prove that the accused had committed the offence.The bench further noted that there was no forensic evidence linking the accused to the crime, no weapon was recovered, no incriminating articles belonging to him were found at the scene, and the forensic investigation did not yield material connecting him to the alleged sexual assault or murder.The court said that though the circumstances proved gave rise to suspicion against the accused but suspicion however grave and strong, cannot take the place of legal proof. It therefore held that the accused was entitled to the benefit of reasonable doubt.Story continues below this adThe court acquitted the accused of the charges and ordered his release, provided he is not required in any other case. Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More Tags:Gauhati High Court