Almost 27 years after their arrest and 23 years after being held guilty of murder, Delhi High Court has acquitted two men. The court found that the main evidence against them, the ‘last seen together’ theory, was not proved beyond a shadow of a doubt. Furthermore, the court noted that their being together couldn’t be considered unusual as they used to work together. The court also highlighted gaps in the murder probe, including the absence of a site plan and lack of motive. The court found it peculiar that the accused would leave the weapon of offence at the crime scene.

The trial court had convicted the two men in 2001 based on circumstantial evidence, including the fact that they were last seen with the victim and blood-soaked clothes were found with them. The weapon used in the murder, a knife, was found lying near the victim. However, the Delhi High Court set aside the conviction, stating that the ‘last seen together’ theory was not sufficient to hold the accused guilty, especially when the motive was not proved.

The court also criticized the police investigation, pointing out that no site plan depicting the place where the accused were last seen with the deceased or the place where the body was found was prepared. The court stressed the importance of such detailed evidence, stating that it cannot be left to imagination. The court further questioned the motive proposed by the police that the murder was committed because the victim had discovered one of the accused’s illicit affair with a married woman. The woman herself denied the charge, and there was no corroborating evidence to support it.

The case records reveal that one of the men spent over six years in jail before being granted bail, while the other had to suffer additional incarceration for almost eight years due to financial constraints. The high court appointed an amicus to assist them since they were unable to engage lawyers.

During its analysis of the prosecution’s story, the court found various gaps and inconsistencies. It noted that there was no recovery at the instance of the accused suggesting their involvement in the crime. The court also found it curious that the accused would leave the blood-soaked clothes and the weapon of offence at the crime scene if they were supposedly trying to avoid legal punishment.

The Delhi High Court’s verdict highlights the importance of comprehensive and conclusive evidence in criminal cases. The acquittal of the two men after years of incarceration reminds us of the need for a fair and thorough investigation to ensure justice is served.