34
and detailed procedure for the police to implement and abide by during the
course of their investigation so that the guilty do not walk free on technicalities,
as they do in most cases in our country. We need say no more.
39.
It is indeed perplexing that, despite the innumerable weak links and
loopholes in the prosecution’s case, the Trial Court as well as the High Court
were not only inclined to accept the same at face value but went to the extent
of imposing and sustaining capital punishment on Rajesh Yadav and Raja
Yadav. No valid and acceptable reasons were put forth as to why this case
qualified as the ‘rarest of rare cases’, warranting such drastic punishment. Per
contra, we find that the yawning infirmities and gaps in the chain of
circumstantial evidence in this case warrant acquittal of the appellants by giving
them the benefit of doubt. The degree of proof required to hold them guilty
beyond reasonable doubt, on the strength of circumstantial evidence, is clearly
not established.
On the above analysis, we allow the appeals and set aside the
conviction and sentences of all the three appellants on all counts. They shall
be set at liberty forthwith, if their continued incarceration is not validly required
in connection with any other case. Fine amounts paid by them, if any, shall be
refunded within eight weeks from today.
…………………………………………,J.
[B.R. GAVAI]
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