Kautilya's Arthashastra 4.8.12

4.8.12

dṛśyate hy acoro 'pi coramārge yadṛcchayā saṃnipāte coraveṣaśastrabhāṇḍasāmānyena gṛhyamāṇaś corabhāṇḍasyopavāsena vā, yathāṇimāṇḍavyaḥ karmakleśabhayād acoraḥ "coro 'smi" iti bruvāṇaḥ //

When there are no such evidences and when the accused is wailing much, he shall be regarded as innocent. For owing to one's accidental presence on the scene of theft, or to one's accidental resemblance to the real thief in respect to his appearance, his dress, his weapons, or possession of articles similar to those stolen, or owing to one's presence near the stolen articles as in the case of Mándavya who under the fear of torture admitted himself to be the thief, one, though innocent, is often seized as a thief. Hence the production of conclusive evidences shall be insisted upon. (tasmátsamáptakaranam niyamayet = hence punishment shall be meted out only when the charge is quite established against the accused?)