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| DB acquits man, woman in murder, rape of girl | | | S Sabaqat
Srinagar, Dec 14: Jammu and Kashmir High Court has acquitted a man and a woman who were sentenced to life imprisonment by a local trial court last year in connection with rape and murder of a Srinagar girl in 2005.
A Division Bench of the court comprising Justice Virender Singh and Justice Janak Raj Kotwal acquitted the duo, observing that the "prosecution has not been able to bring home guilt against them."
"After rescanning material evidence and for matter of entire prosecution case in its right perspective, we do find weightage in the submission by counsel for two accused," the bench said, while allowing the criminal appeals filed by the convicted duo of Bashir Ahmad Sheikh of Hawal and Sameena of Khanyar.
"We have tested the present case only on the touchstone of evidence available on record, we find it would not be safe to hold any of the two guilty of the charges framed against them and therefore, both accused deserve acquittal," the court said, adding, "The net result now is that both the criminal appeals are allowed by disturbing the judgment of conviction and sentence passed by learned Principal and Sessions Judge Srinagar."
The court directed their release from jail forthwith if not required in any other case.
In February this year, Principal Sessions Judge Srinagar had convicted Sheikh and Sameena for assisting abduction, rape and murder of a girl student (name withheld) from Khaniyar.
The court had sentenced Sheikh and Sameena to undergo life imprisonment for commission of offence under section 302 and fine of Rs 5000. In default, the court had directed that accused shall undergo further rigorous imprisonment of one year term.
On April 25, 2005, around 6 pm, Sameena came to the house of victim and requested her mother to allow the girl accompany her to the market. Both Sameena and victim girl were friends.
The victim got the permission and went with the accused but did not return home despite the onset of dusk.
Victim's mother, and her family members went to the house of Sameena to enquire about their daughter but they were told that she left her at the gate of their house.
Later, a missing case was registered by police and the investigation culminated that the girl was abducted by Sheikh with help of Samina. As per police, Sheikh had allegedly raped and later killed the girl. |
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