An accused may appear to be guilty on the basis of suspicion but that cannot amount to legal proof.
“Graver the crime, greater should be the standard of proof. When on the evidence two possibilities are available or open, one which goes in the favour of the prosecution and the other benefits an accused, the accused is undoubtedly entitled to the benefit of doubt. The principle has special relevance where the guilt or the accused is sought to be established by circumstantial evidence.”
Sharad Birdhichand Sarda v. State of Maharashtra, AIR 1984 SC 1622,