MP HC Set Aside Death Sentence Awarded To A Man In Rape and Murder Case [Read Judgment]

The Madhya Pradesh High Court has set aside the capital punishment awarded to a man in a rape and murder case of a woman of Sidhi district.

The court observed “the prosecution failed to prove any of the charges leveled against the appellant and the trial court was wrong in convicting and sentencing him”.

The prosecutions story is, in the intervening night of 13th - 14th September 2013, the appellant along with a juvenile (separately dealt with by the Juvenile Board) accused of committed house trespass and sexually assaulted a young married.

Further, they turn by turn ravished her, murdered on hitting on her head with bamboo lathi thereupon her body was abandoned in a pit or trench nearby her house to conceal crime. The some of her jewellery was stolen.

Few villagers spotted the body, later the brother-in-law of deceased informed the police.

A division bench comprising Justice SK Seth and Justice HP Singh said “it is unfortunate a serious crime goes unpunished but the appellant can not be made a space-goat for the lop sided investigation by the Police”.

The court found the prosecution “miserably failed to establish motive on the part of appellant to commit the crime”.

So far as recovery of jewellery is concerned, the court said “there is no proof that it belonged to deceased. Jewellery recovered was not subjected to any identification test”.

Similarly on recover of a bamboo stick used in the crime, the court said “it is very common among villagers to keep bamboo lathi. FSL report is also negative”.

The court set aside the order passed by the trial court.

Read the Judgment here.