The Bench deduced from the evidence submitted that prosecution’s case rested entirely upon the circumstantial evidence and there was no direct evidence in the case.
In such an event, motive plays a great role which was absent in the present case, the Court noted.
The Bench also noted that the identification parade was not conducted in the manner as prescribed under the criminal manual.
As for the confessional statement, the Bench did not find it to be true and voluntary and was not corroborated by other material.
In light of these observations, Ghate’s conviction was set aside on the ground that the prosecution failed to prove the case beyond reasonable doubt.
Source: Barandbench
