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The prosecution failed to establish a prima facie case as the evidence presented, including a retracted and uncorroborated confession and statements based on suspicion, was insufficient to require the accused to make a defence. Suspicion alone cannot ground a conviction.
Source excerpt
The High Court allowed a criminal appeal, quashed the conviction under Penal Code section 326, and set aside the sentence for lack of evidence beyond suspicion.
The High Court allowed a cattle theft appeal, holding that suspicion and proximity of stolen cattle were not enough to prove guilt beyond reasonable doubt.
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