A bench of justice S P Garg acquitted Ahmed Sayeed giving him benefit of doubt, while noting that "the trial court itself was not sure if soon before death Ishrat was subjected with cruelty for or in connection with dowry demands."
"The prosecution has failed to establish beyond reasonable doubt that there was a direct nexus between the cruelty and the suicide," it said.
The HC judge said "the impugned judgment is based upon surmises and conjectures. The prosecution is required to prove the very case it alleges and the court cannot substitute its own opinion and make out a new case."
Ahmed Sayeed was sentenced to seven-year imprisonment for dowry death in June 2000 for allegedly harassing his wife Ishrat for dowry forcing her to set herself ablaze on the intervening night of May 17-18, 1998, within seven years of their marriage while the accused was asleep on the terrace of the house.
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