INDIA: SC ACQUITS TWO DEATH ROW CONVICTS

March 7, 2019:

The Supreme Court on 5 March 2019 acquitted two death-row convicts who were sentenced to the gallows by the Chhattisgarh High Court for allegedly committing robbery and killing five women members of a family in 2012.
A bench comprising justices A K Sikri, S Abdul Nazeer and M R Shah allowed the appeals filed by Digamber Vaishnav and Girdhari Vishnav challenging the April 2015 verdict of the high court, which had upheld the death sentence awarded to them by a trial court.
The bench said that from the records of the case as well as evidence placed before the apex court, it was difficult to infer that the two had committed the crime.
The court observed that there were inconsistencies in the statement of a minor witness, who was nine year old when the incident had happened in 2012 and was present in the house.
The court said that the motive of robbery attributed to the accused was not substantiated as expensive gold ornaments were found at the spot.
The bench also said that forensic evidence in the case against the accused to prove their presence at the scene of crime was insufficient.