'High degree of suspicion established, not enough to convict': NIA court acquits all 7 accused in Malegaon blast case
Six people were killed and over 100 were injured when an explosive device strapped on a motorcycle went off near a mosque in Malegaon, a town in north Maharashtra, on September 29, 2008, during the holy month of Ramadan.
While pronouncing the verdict, Special Judge AK Lahoti of the NIA court observed that the prosecution has failed to bring any "cogent evidence" and therefore the accused deserved the benefit of doubt.
"Upon comprehensive evaluation, the prosecution has failed to bring any cogent evidence and the evidence is riddled with inconsistencies," the court noted.
"There can be strong suspicion but mere suspicion is not enough to punish them. The high degree of suspicion is established but not enough to convict them. Hence the court said that it has given them the benefit of doubt," the court said.
"Terrorism has no religion but conviction cannot be based on moral grounds," the court remarked.
The court passed the order after a lengthy trial in the case that spanned nearly 17 years.
Lt Col Purohit, Pragya Thakur, Major (retired) Ramesh Upadhyay, Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi and Sameer Kulkarni had been under trial in the case under the provisions the Unlawful Activities (Prevention) Act, or UAPA, Maharashtra Control of Organised Crime Act (MCOCA) and the Indian Penal Code (IPC).
Regarding the charges against Pragya Thakur, the court noted that the prosecution had failed to establish that the exploded bike belonged to her and observed that she had become a 'Sadhvi' and "left all material things" two years before the blast.
Serial number of the two-wheeler's chassis was not completely recovered by the forensic experts and therefore, the prosecution failed to prove that the bike in fact belonged to her, the court remarked.
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