A man accused of murdering his live-in partner has been acquitted by a Delhi court which gave him benefit of doubt saying the prosecution has failed to prove the complete chain of “incriminating evidence” against him.
Additional Sessions Judge Sanjeev Kumar let off Delhi resident Jitender Singh Tanwar saying the police has not been able to prove whether the woman was killed or she committed suicide.
“From the circumstances,there is enough doubt that it is the case of suicide and not homicide. Hence,I held that prosecution has not been able to prove beyond reasonable doubt that deceased was murdered,” ASJ Kumar said.
The court has acquitted Tanwar,accused of killing his live-in partner in September 2008. She was living with him after filing a divorce case against her husband.
The prosecution said that the woman got married in 1999 but she left her husband and started living with Tanwar.
It said on September 16,2008,the victim’s mother had tried to contact her daughter on phone but could not reach her. She also found that the house was locked and keys were kept nearby.
She opened the door and did not find anyone there and on opening the door of the bathroom,she found her daughter dead,the prosecution said,adding that Tanwar was not present there at that time.
Claiming innocence in the case,Tanwar had told the court that he had an affair with the woman and her family members were against it as she was a Brahmin and he was a Nayak (scheduled caste). He alleged that they had implicated him in a false case.
Noting that the case was based only on the chain of circumstantial evidence,the court said that the prosecution has failed to establish the guilt of Tanwar.
“…I held that prosecution has failed to prove beyond reasonable doubt that the accused has murdered the deceased or she was murdered at all or if she has been murdered,the prosecution has failed to prove the complete chain of evidence,which exclude every possible hypothesis that,it is the accused and no other person is guilty of committing the said murder.
“The link of the chain is missing at many points.
Therefore,I give benefit of doubt to the accused and acquit him from the charge framed against him,” the judge said.
The court also said the prosecution was mainly resting upon the testimony of witnesses,but it found that depositions were full of “contradictions and improvements” as they have lost their daughter/ sister and they have the motive to implicate the accused in this case,as she was having livein relationship against their wishes.