11 June 2024 Acquittal >> Criminal Law   |   Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Murder Homicide >> Criminal Law  

A recent judgement by the Bombay High Court has brought a surprising twist to a murder case, acquitting the accused due to inconsistencies in the prosecution's evidence.

The case involved the death of Rohini and her one-and-a-half-year-old son Tushar. The prime suspect was Rohini's husband, who allegedly had a strained relationship with her and suspected infidelity.

The prosecution relied heavily on two witnesses. One witness (PW-5) claimed to have seen the accused with Rohini and two boys on the day of the murder. The other witness, the couple's five-year-old daughter Tanuja (PW-10), stated she witnessed the murders herself.

However, the court found discrepancies in these testimonies. PW-5 claimed to have seen two boys with the couple, while Tanuja said she was present instead of the other son. This raised doubts about the prosecution's timeline and the accused's actions on the day of the crime.

Further complicating the case, Tanuja's testimony during cross-examination appeared more credible. She admitted she wasn't at the scene of the crime, casting further doubt on the prosecution's narrative.

Considering these inconsistencies and the lack of conclusive evidence, the court ruled in favor of the accused, citing the benefit of doubt. The judgement highlights the importance of a strong and consistent case from the prosecution in securing a conviction.

The case also emphasizes the valuable role legal aid plays in ensuring fair trials. The judgement commends the efforts of the defense lawyer appointed by the High Court Legal Services Committee, who effectively presented the accused's case.