An Odisha sessions court in Gajapati district on Tuesday acquitted Maoist leader Duna Kesaba Rao alias “Azad” in the 2008 murder of VHP leader Swami Laxmanananda Saraswati after prosecution failed to establish his identity or involvement in the killings through reliable evidence.
HT has reviewed the judgement. The judge, however, rejected the identification as unreliable noting that Chaitanya’s initial statement to police recorded that the attackers had covered their faces. Additional sessions judge Satyanarayan Patra acquitted Rao, 45, of charges including murder, criminal conspiracy, rioting, house-trespass and theft, saying suspicion, however strong, cannot substitute proof. Rao has been in judicial custody in a Bhubaneswar jail since his arrest by Odisha Police in 2010.
“Suspicion, however strong, cannot substitute proof,” the court said, emphasising that a conspiracy can be established through circumstantial evidence only when the circumstances are firmly proved and point clearly to the accused’s participation. Other witnesses, including students at the ashram and police personnel also said the assailants wore black clothes and monkey caps or masks that concealed their faces.
Because an accused appears to be a possible participant in a grave occurrence, “Criminal jurisprudence does not permit conviction merely. Because the offence is heinous.”, the Court cannot convert suspicion into proof merely.
the prosecution failed to provide ballistic or other scientific evidence connecting those articles to Rao Although weapons and a black shirt were seized from other accused during the investigation.
The court also said the Crime Branch did conduct a Test Identification Parade during the investigation. The court also said that no firearm, ammunition or other weapon was recovered from Rao.
