Acquittal cannot rest on surmises, conjectures: SC

The apex court said the paramount consideration of the court is to ensure that miscarriage of justice is prevented.

“A miscarriage of justice which may arise from acquittal of the guilty is no less than conviction of an innocent,” the apex court said.

The High Court had acquitted all the 10 persons convicted and sentenced to to varying terms of imprisonment by the trial court for the murder of Vysadeo Yadav in Bihar’s Munger district on March 19, 1996.

While the trial court found the evidence convincing for convicting the accused, the High Court felt that the convictions was solely based on circumstantial evidence.

Among other things, the High Court reasoned that the complainants instead of filing the FIR at the police station concerned filed it at a different police station, which it said, indicated the occurrence has been twisted to frame the accused.