The Supreme Court in the case of Varkey Joseph vs. State of Kerala, rep. By the Circle Inspector
of Police AIR 1993 SC 1892 held that:-
“Suspicion is not the substitute for proof. There is a long distance between “may be true” and “must be true” and the prosecution has to travel all the way to prove its case beyond all
reasonable doubt. We have already seen that the prosecution not only not proved its case but
palpably produced false evidence and the prosecution has miserably failed to prove its case
against the appellant let alone beyond all reasonable doubt that the appellant and he alone
committed the offence. We had already allowed the appeal and acquitted him by our order dated
April 12, 1993 and set the appellant at liberty which we have little doubt that it was carried out
by date. The appeal is allowed and the appellant stands acquitted of the offence under Section
302 I.P.C.”
