Suspicion, However Strong, Cannot Take Place Of Proof: Mumbai Court

Mumbai:

A court in Mumbai has delivered a verdict that suspicion, however compelling, cannot substitute for evidence, resulting in the acquittal of a 25-year-old man accused in a 2022 murder case involving a woman whose remains were discovered in a bag at Versova beach.

On Monday, Additional sessions judge (Dindoshi court) D G Dhoble acquitted Shahazeb Ansari of charges under sections 302 (murder) and 201 (causing disappearance of evidence) of the Indian Penal Code (IPC).

In the ruling released on Wednesday, the court determined that the prosecution failed to establish beyond reasonable doubt that the accused had murdered Sonam Shukla or disposed of her body to eliminate evidence.

The prosecution had alleged that Ansari murdered Shukla due to a disagreement regarding their romantic relationship.

However, based on witness testimonies, the court concluded that the prosecution failed to substantiate the motive.

The ruling noted that no witnesses confirmed a romantic relationship between the accused and Sonam. No evidence such as messages, chats, or call records demonstrating intimacy was presented.

The victim's father explicitly stated he had no knowledge of any relationship between the accused and his daughter and could not identify her killer, while her sister testified that Sonam was not romantically involved with the accused.

Regarding the "last seen" theory, the court mentioned that the investigating officer admitted having no evidence showing that the accused was with the victim on the night in question.

The failure to examine the last person who saw the victim alive proved detrimental to the prosecution's case. Consequently, the court ruled that the "last seen" theory was not established.

Furthermore, the court found no merit in the prosecution's argument concerning the tower location of the accused's mobile phone near where the body was discovered.

The court emphasized that merely showing the accused's mobile phone was in proximity to a particular location at a specific time was insufficient to conclude that the accused had disposed of the body, especially without additional compelling evidence.

"Considering the cumulative effect of the above infirmities, the prosecution has not proved the case beyond a reasonable doubt. Suspicion, however strong, cannot take the place of proof," the court declared.

The court concluded that the chain of circumstances remained incomplete.

According to the prosecution, the woman's body was discovered in a plastic gunny bag on Versova beach on April 28, 2022.

She had been strangled with an internet wire, with her hands and legs also bound by the same wire.

Police had apprehended the accused based on a technical investigation involving mobile phone calls and chats, as well as family interrogations.