‘Suspicion cannot substitute proof’: Maoist leader acquitted in VHP leader case

On Tuesday, a Special Court in Odisha acquitted Maoist leader D Kesaba Rao, also known as Azad, in the killing of Vishwa Hindu Parishad (VHP) leader Laxmanananda Saraswati and four of his disciples in August 2008. The court acquitted him due to a lack of evidence, stating that suspicion cannot substitute proof. Azad was released from Bhubaneswar’s Jharpada jail later that evening.

The incident occurred when around 20-25 masked individuals entered the Ashram at Jalespeta in Kandhamal district and opened fire, killing six people. According to police, Azad left behind a letter signed with the name “Azed,” allegedly implicating him in the killings. However, the court observed that no firearm was found on Azad, no ballistic evidence connected him to the weapon, and no forensic evidence linked him to the scene.

Despite 22 witnesses being examined during the trial, there was only one eyewitness who identified Azad, and no other admissible confession or discovery linking him to the murders was established. The court noted that the circumstances created a reasonable and substantial doubt as to whether Rao participated in the occurrence, and that two reasonable views were possible on the evidence, with the view favorable to the accused prevailing.