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J&K court acquits wife, her ‘partner’ of husband’s murder over lack of proof

J&K court acquits wife, her 'partner’ of husband’s murder over lack of proof

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SRINAGAR: A court in J&K’s Bandipora 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.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 — natural or murder.“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.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.However, the post-mortem examination stopped short of confirming homicide. The doctor explicitly stated that the cause of death could only be determined after forensic analysis. But the FSL report was never produced, not during investigation, nor during trial.

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