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“Where the passage of time has been so extraordinary that an accused has spent a larger part of his remaining life under the shadow of a pending criminal case, the punitive function of the law inevitably loses much of its practical and moral force.”
The Calcutta High Court held the power under Section 319 of the CrPC should be exercised sparingly and based on strong and cogent evidence, not mere probability of complicity.
“… the prosecution has miserably failed to prove the guilt of the accused beyond doubt the appellants therefore must be given benefit of doubt.”