The Bombay High Court recently acquitted a man convicted for murder and facing life imprisonment, giving him “benefit of the doubt”. The order by a bench comprising Chief Justice Mohit Shah and Justice P V Hardas came on an appeal filed by Kandivali (east) resident Sanjay Yadav, who was arrested on December 15, 2010, along with another suspect Ashish for killing one Mayur. While Ashish was acquitted by a sessions court, Yadav was convicted on April 18, 2012, and awarded life term. According to prosecution, Mayur’s father Harishchandra had stated that his son was thrashed by a mob, which thought he was a thief. He also stated that when he asked Mayur, who was lying on the ground injured, he pointed towards Sanjay Yadav as his assailant. When he asked why Mayur was not taken to police station and assaulted instead, Yadav said the police would have ignored the incident of theft. “There is absolutely no evidence that it was the appellant (Yadav) who had assaulted Mayur, it is obvious that the crowd had,” the court said. “Thus, in our opinion, the appellant is entitled to benefit of the doubt,” the HC said while setting aside Yadav’s conviction. It also said the prosecution did not produce any evidence to prove that theft had been committed in Yadav’s house by Mayur and that the latter had been apprehended by Yadav. aamir.khan@expressindia.com
