Thane court acquits man accused of murdering married woman in 2016

A Thane court has acquitted a 35yearold man accused of killing a married woman with whom he was in an illicit relationship in 2016 for want of sufficient evidence reported news agency PTIAdditional Sessions Judge A N Sirsikar in the order passed on November 22 said while the call data records showed frequent communication between the accused and the deceased they could not serve as definitive proof of murder reported PTIIt is settled law that mere suspicion is not sufficient to prove the guilt of the accused the Thane court said in its order a copy of which was made available on Wednesday reported PTIAccording to the prosecution the woman who was married and had a son was found dead at her residence in Thanes Diva area on March 26 2016She was in a relationship with the accused Imteyaz Nanhe Khan belonging to Kurla in neighbouring Mumbai reported PTIThe prosecution claimed Khan had been pressuring the woman to divorce her husband which led to a quarrel between the twoKhan was accused of murdering her in a fit of rage by throttling herThe judge noted several discrepancies and lapses in the investigationHe observed the womans husband did not name any suspectIt was only after a considerable delay in the investigation three years after the incident that the police began to focus on Khan based on the call data records CDRs of mobile phones of the deceased and the accused which suggested frequent contact between the twoHowever the judge pointed out several issues with the reliance on CDRsThe Thane court found the prosecution had failed to produce sufficient evidence to prove that the deceased had used a particular mobile number and officers of the mobile company were not examined to validate the authenticity of the CDRs reported PTIJudge Sirsikar further noted that while the CDRs indicated frequent contact they alone were not enough to conclusively link the accused to the murderThe judge also remarked that the investigation officer had not provided a clear explanation for how he arrived at the conclusion that the accused was responsible for the murderThe police had recorded statements of the womans neighbours who claimed to have seen Khan frequently visiting her home but the judge found these statements insufficient to establish direct involvement in the crime reported PTIIt is settled law that mere suspicion is not sufficient to prove the guilt of the accused the judge said reported PTIThe prosecution had failed to prove beyond a reasonable doubt that Khan committed the murder the court addedWith inputs from PTI