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| DB sets aside death penalty of accused in minor's rape, murder case | | | Early Times Report
JAMMU, Apr 1: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice M A Chowdhary has set-aside the death sentence of one Shanker who was allegedly involved in minor's rape, murder case.
The DB while setting aside the judgment of fast track court observed that it is indeed a case of gruesome killing of a minor girl aged 7/8 years and that too, probably after subjecting her to brutal rape (the injuries noticed by the doctor points to that). But one cannot send a person accused of commission of crime to gallows or in the imprisonment for life in absence of concrete and reliable evidence, more so when there are no eye witnesses to the crime and the entire case of the prosecution is rested on circumstantial evidence not proved in the manner prescribed by law and set aside the judgment passed by the trial Court.
The appellant is acquitted of all the charges. He shall be set at liberty forthwith, if not required in any other case. On April 21, 2010 information was received by Satwari Police regarding dead body of an unidentified girl of 7/8 years lying below the Digiana Puli. Accordingly, inquest proceedings under Section 174 CrPC were initiated. After receiving autopsy report of deceased with regard to cause of death and on the basis of other material collected during the inquest proceedings, the complicity of accused was found in the crime due to which a case FIR 127/2010 for offence under Sections 376/302 RPC was registered on July 29, 2010. The accused was arrested on August 5, 2010 and after completion of investigation challan was presented.
The trial Court while giving final verdict awarded death penalty to Shanker for committing the rape and murder of eight years old girl. Against the judgement of trial court present appeal was filed. The DB while acquitting the accused observed that the legal position remains that it is for the prosecution which brings out accusations against the accused, to prove such accusations by leading evidence beyond reasonable doubt. The DB observed that in this case we find the important incriminating circumstances like the last seen and disclosure statement having not been established firmly and conclusively. |
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