A court in Jammu and Kashmir's Bandipora district on Monday acquitted a woman and her alleged partner of the charges of murdering her husband in 2016, citing the lack of irrefutable evidence against the accused.
Case Background
Fayaz Ahmad Dar was found dead in the bathroom of his home in Bandipora's Hajin area on July 3, 2016. Police charged his wife Zamrooda Begum and her alleged partner Showkat Ahmad Bhat with strangling Dar at night and attempting to destroy evidence, including a SIM card.
Prosecution's Failure
District and sessions judge Mir Wajahat faulted the prosecution for failing to produce a crucial forensic report that could have resolved the ambiguity regarding the cause of death — whether it was natural or murder. The post-mortem examination stopped short of confirming homicide, and the doctor explicitly stated that the cause of death could only be determined after forensic analysis. However, the Forensic Science Laboratory (FSL) report was never produced during investigation or trial.
Court's Observation
“Courts do not convict on possibility; they convict on proof. Possibility is the domain of suspicion; proof is the mandate of law... The law demands proof; and where proof fails, the court must speak in one voice of acquittal,” the judge observed.
The court emphasized that the burden of proof lies with the prosecution, and in the absence of concrete evidence, the accused are entitled to the benefit of doubt. The judgment underscores the principle that suspicion, however strong, cannot replace proof in a criminal trial.
