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Rae Bareli: While giving Deputy Prime Minister L K Advani the benefit of doubt in Babri Masjid demolition case, the Special Court in Rae Bareli relied heavily on the statements of the witnesses with regard to his role, which the court felt were of conflicting nature, thereby not creating a "strong suspicion" that he was involved in the offences.

In his 130-page order, Special Judicial Magistrate V K Singh, while finding "enough grounds for discharging" Advani, has said the evidence presented against the other seven accused create a "strong suspicion" about their involvement in the offences.

In reaching its decision, the court has cited a Supreme Court ruling in Union of India vs Prafulla Kumar Sama and Others case in which the apex court opined that if the court was satisfied that there could be two equal viewpoints and the evidence presented though create "some amount of suspicion but not serious suspicion, the accused could be discharged".

It will be reasonable to frame charges if the evidence create serious suspicion against the accused and has not been explained, the court observed.

Quoting extensively quoted statements of the witnesses with regard to Advani, the magistrate said, "After considering the arguments and evidence, I am of the opinion that there appears two viewpoints with regard to the charges against Advani. According to one viewpoint, he committed the crime while another viewpoint says that he did not."

"In my opinion, there is merely a suspicion and not a strong suspicion that he (Advani) did commit the crime," he said.

PTI