The Lhuentse District Court acquitted two men, aged in their 30s and 40s, of charges of vandalising chorten or stupa at Tsaenkhar Gewog in Lhuentse in 2015.
The Office of the Attorney General (OAG) had charged them of vandalising a Jangchub Chorten and stealing its sacred relics- a cat eye (zee) and a vessel, which were then handed over to a prisoner.
The judgement was passed on February 27, this year.
According to it, the court ruled out that their (two suspects) confessions made to the police are doubtful since they have admitted the crime involuntarily and under undue influence and inducement.
The judgement also stated that as per Civil and Criminal Procedure Code Amendment Act of Bhutan, 2011, any statement made to the police by the suspect, to retain its evidentiary value in courts, must be voluntary in nature, include a statement to that effect and carry the signature of the suspect.
Additionally, the Evidence Act of Bhutan, 2005 outlines that court shall not consider any confessions to be valid unless the confession is proven to be: made voluntarily, given independently and made without duress, coercion, and undue influence or inducement.
The verdict further stated that the suspects owning up to their crime during interrogation was invalid since police did not allow them to hire Jabmi (legal representative).
So, both accused were acquitted of their charges since the Office of Attorney General (OAG) failed to establish evidentiary proof of the proof beyond reasonable doubt.
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