Additional Sessions Judge A N Sirsikar, in the order passed on November 22, said while the call data records showed frequent communication between the accused and the deceased, they could not serve as definitive proof of murder
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A Thane court has acquitted a 35-year-old man accused of killing a married woman with whom he was in an illicit relationship in 2016, for want of sufficient evidence, reported news agency PTI.
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Additional Sessions Judge A N Sirsikar, in the order passed on November 22, said while the call data records showed frequent communication between the accused and the deceased, they could not serve as definitive proof of murder, reported PTI.
"It is settled law that mere suspicion is not sufficient to prove the guilt of the accused," the Thane court said in its order, a copy of which was made available on Wednesday, reported PTI.
According to the prosecution, the woman, who was married and had a son, was found dead at her residence in Thane's Diva area on March 26, 2016.
She was in a relationship with the accused, Imteyaz Nanhe Khan, belonging to Kurla in neighbouring Mumbai, reported PTI.
The prosecution claimed Khan had been pressuring the woman to divorce her husband, which led to a quarrel between the two.
Khan was accused of murdering her in a fit of rage by throttling her.
The judge noted several discrepancies and lapses in the investigation.
He observed the woman's husband did not name any suspect.
It was only after a considerable delay in the investigation -- three years after the incident -- that the police began to focus on Khan, based on the call data records (CDRs) of mobile phones of the deceased and the accused, which suggested frequent contact between the two.
However, the judge pointed out several issues with the reliance on CDRs.
The Thane court found the prosecution had failed to produce sufficient evidence to prove that the deceased had used a particular mobile number, and officers of the mobile company were not examined to validate the authenticity of the CDRs, reported PTI.
Judge Sirsikar further noted that while the CDRs indicated frequent contact, they alone were not enough to conclusively link the accused to the murder.
The judge also remarked that the investigation officer had not provided a clear explanation for how he arrived at the conclusion that the accused was responsible for the murder.
The police had recorded statements of the woman's neighbours who claimed to have seen Khan frequently visiting her home, but the judge found these statements insufficient to establish direct involvement in the crime, reported PTI.
"It is settled law that mere suspicion is not sufficient to prove the guilt of the accused," the judge said, reported PTI.
The prosecution had failed to prove beyond a reasonable doubt that Khan committed the murder, the court added.
(With inputs from PTI)
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