An accused cannot be convicted on the basis of mere presumptions or suspicion, a Delhi court has said while acquitting three men of the charges of trespassing and confining and kidnapping the occupants of a house.

"Every accused is to be presumed innocent until proved guilty. The accused cannot be convicted on the basis of mere probabilities or presumptions. Suspicion howsoever grave may be, cannot take place of proof," Metropolitan Magistrate Sushil Kumar said while acquitting the three Delhi residents in a 2006 case.

The court held that the prosecution failed to prove its case against the accused and even the two eyewitnesses, the complainant woman and her brother were not traceable despite several efforts.

"The evidence apparent on record is insufficient for basing the conviction of accused. The prosecution has failed to prove the case against accused and therefore, they are entitled to be exonerated," the court said.

According to the prosecution, Brinder Pal Singh, Gurpreet Singh and Taranpreet Singh entered the complainant's Tilak Nagar house and intimidated her and her family members by threatening to kill them in 2006.

The trio then abducted the brother of the complainant, it alleged.

The court, while acquitting the men, said, "In the absence of the testimony of any material/ eyewitness, the prosecution can never prove allegations levelled against the accused.

SOURCE- ptinews

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