The Allahabad High Court acquitted a man who had been sentenced to death for the rape and murder of a minor.
The High Court said the prosecution had failed to prove its case beyond a reasonable doubt.
While dismissing the reference for affirmation of the death penalty and allowing Nazil’s appeal against the order for his conviction and death sentence, a division chamber comprising Judge Manoj Mishra and Judge Sameer Jain quashed the judgment and the order of the court of first instance.
In addition, the district court acquitted appellant Nazil of all the charges for which he had been tried and convicted.
The High Court ordered the appellant’s immediate release, unless he is wanted in another case.
In rendering the judgment, the court observed: “In the present case, we conclude that the prosecution evidence failed to prove the incriminating circumstances in which the deceased was last seen alive with the appellant. and recovery beyond a doubt, and there is no medical / forensic evidence to demonstrate the presence of the Appellant’s semen or bloodstain on the deceased’s clothing or on her body . “
The court ruled that all the orifices and organs of the victim’s body were missing and that there was nothing to incriminate the accused for rape, except for the confession he had made to the police which did not is not admissible.
Unfortunately, the trial court did not test the reliability and credibility of the prosecution evidence and accepted the prosecution evidence as gospel truth, which is not the requirement of the law, the court said.
The court heard an appeal filed by Nazil, convicted by a lower court on December 13, 2019 and sentenced to death for allegedly raping and murdering a minor.
He was convicted by the court of the judge of additional sessions, accelerated court (crime against women) / special judge, law POCSO, Rampur for offenses punishable under articles 363 (kidnapping), 376AB (punishment for rape of a female under 12) and 302 (murder) of the Indian Penal Code and section 6 of the POCSO Act.
According to the prosecution file, the deceased, six years old at the time, went out to look for curd on May 7, 2019, but did not return and despite a frantic search, could not be found. More than a month later, his partially decomposed body was found in a semi-built house in June 2019.
The appellant was then arrested for the crime after an encounter.
Counsel for the appellant argued that the trial court failed to verify the prosecution evidence and, without subjecting it to scrutiny, accepted the prosecution evidence as gospel truth.