8
iii.)
the circumstances, taken cumulatively, should form a chain
so complete that there is no escape from the conclusion that
within all human probability the crime was committed by
the accused and none else, and it should also be incapable
of explanation on any other hypothesis than that of the guilt
of the accused.
17. In Varkey Joseph v. State of Kerala, 1993 Suppl (3) SCC 745,
this Court has held that suspicion is not the substitute for proof.
There is a long distance between 'may be true' and 'must be true' and
the prosecution has to travel all the way to prove its case beyond
reasonable doubt.
18. In Sujit Biswas v. State of Assam, (2013) 12 SCC 406, this
Court, while examining
the distinction between 'proof beyond
reasonable doubt' and 'suspicion' has held as under:
"13. Suspicion, however grave it may be, cannot
take the place of proof, and there is a large difference between something that “may be” proved, and
something that “will be proved”. In a criminal trial,
suspicion no matter how strong, cannot and must
not be permitted to take place of proof. This is for
the reason that the mental distance between “may
be” and “must be” is quite large, and divides vague
conjectures from sure conclusions. In a criminal
case, the court has a duty to ensure that mere
conjectures or suspicion do not take the place of
legal proof. The large distance between “may be”
true and “must be” true, must be covered by way
of clear, cogent and unimpeachable evidence produced by the prosecution, before an accused is
condemned as a convict, and the basic and golden
rule must be applied. In such cases, while keeping
in mind the distance between “may be” true and
“must be” true, the court must maintain the vital
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