Allahabad HC Acquits Man Sentenced To Death By Trial Court [Read Judgment]

Rashid @ Zakir and his wife Shakila @ Bitta were accused of murdering three persons who were found killed in a factory where the couple used to live. The Trial Court convicted both of them and sentenced Rashid to death. Shakila was awarded life imprisonment.

The High court observed that the involvement of the couple in the case appears to be doubtful and he is entitled for benefit of doubt and the possibility of the incident having being taken place in some other manner by more persons cannot be completely ruled out. 

"We further find from the prosecution case that it may not be possible that two deceased, who were grown-ups persons aged about 25 years and 35 years and the deceased Zainab, aged about 55 years could have been overpowered and killed single handedly in such a gruesome manner by the accused Rashid @ Zakir, who was just aged about 45 years", the division bench comprising Justice Ramesh Sinha and Justice Dinesh Kumar Singh said.

The court said that the prosecution has failed to prove the present case against the couple by cogent and admissible evidence beyond reasonable doubt. While acquitting the accused, the bench said:

""We are cautious about the fact that no doubt three persons have been done to death with large number of injuries found on their persons but to say that it was accused Rashid @ Zakir, who committed the murder of three deceased with sharp edged weapon which is a brutal murder is highly doubtful. It is well settled that suspicion howsoever, showing cannot take the place of proof."

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