Man Who Was Twice Sentenced To Death In 2 Trials Acquitted In 3rd Retrial

In a notable development in Bhopal, Madhya Pradesh, a man who had been convicted and sentenced to death two times for the alleged rape and murder of a 9-year-old girl was acquitted after the third trial.

Judge Prachi Patel presiding over the case observed, "no matter how grave the crime is, the burden of proof to convict the accused always lies on the prosecution. The court must always remain vigilant and ensure that the court's findings are based on the evidence presented before the court and not influenced by emotions."

Anokhilal, the accused, was charged with offences under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offenses Act 2012. These charges include Sections 363 (kidnapping), 366 (kidnapping or inducing a woman to compel her marriage), 376 (2) (sexual assault), 377 (unnatural offenses), and 302 (murder) of the IPC, as well as Section 6 of the Protection of Children from Sexual Offenses Act.

Anokhilal was accused of sexually assaulting and killing a minor girl, approximately nine years old, on January 30, 2013. The girl was reported missing on January 29, 2013, from her residence in a village in Madhya Pradesh, and her body was discovered the following day.

In 2013, Anokhilal was convicted by a special court in Madhya Pradesh's Khandwa district for the rape and murder of a nine-year-old , and the court swiftly sentenced him to capital punishment following a brief trial of less than two weeks.  

However, in 2019, the Supreme Court overturned this ruling, ordering a retrial. Subsequently, in 2023, the Khandwa court once again sentenced Anokhilal to death. This decision was later overturned by the Madhya Pradesh High Court, which remanded the case back to the special court. Following a third trial, conducted recently, Anokhilal was acquitted.

The special court found numerous discrepancies in the DNA reports, which ultimately led to Anokhilal's acquittal. The judge highlighted errors in the collection, sealing, and analysis of the samples.

Crucially, it was revealed that the semen found at the crime scene belonged to another individual, suggesting the involvement of someone else in the heinous act.

Moreover, the court dismissed the police's assertion that Anokhilal's flight from the scene was incriminating evidence, suggesting he may have returned simply to collect his wages.

Expressing dissatisfaction with the “last seen with” theory(based on which he was convicted in earlier rounds), the Court observed, "The deceased was last seen with accused Anokhilal on 30.01.2013 and her dead body was seen on 01.02.2013 at 06:30 am. That is, approximately 36 hours after they were last seen together, the deceased was found dead in a mutilated state. There is no evidence regarding what happened in these 36 hours. Therefore, in this case also, the evidence regarding the last time they were seen together is of rare nature and is an unreliable evidence of weak nature. Therefore, the accused cannot be found guilty on this basis alone."

In the context of the DNA report, the court emphasized that although male DNA was detected on swabs collected from the victim's body, it highlighted Dr. Pankaj Srivastava's acknowledgment that Anokhilal's DNA was not present in these samples. This observation, the Court said, "points towards his innocence and the only scientific evidence here is enough to acquit the accused. The involvement of any other person in the crime of rape completely excludes the presumption of guilt of the accused."

The Court expressed surprise at the fact that, despite having the entire deceased body at their disposal, the investigators chose to use a stain from the victim's pajamas as the sole DNA reference profile. The Court deemed this a significant flaw in the investigation, emphasizing that it is improper to consider a cloth stain as representative of the victim's DNA profile, particularly when it is clear that the victim was sexually assaulted by someone other than the accused.

The Court held, "The report is being accepted as scientifically correct and accurate science and D.N.A. The test, despite all its flaws, remains negative and points to the innocence of the accused. After considering the suitability of other witnesses, it has been concluded by the Court that the theory of last seen is evidence of a weak nature."

"Due to the above discrepancies, the DNA report has been prepared incorrectly and scientific procedures have not been followed," the Court added.

On March 20, after spending approximately 11 years behind bars, Anokhilal was finally released.

Project 39A of the National Law University Delhi provided legal assistance to Anokhilal. P39A intervened in the matter after the second trial and assisted the appeal before the Madhya Pradesh High Court. It briefed Sr. Adv Anil Khare in the Madhya Pradesh High Court (Jabalpur).

Shreya Rastogi (Director- Death Penalty Litigation and Director - Forensics at Project 39A) appeared and argued on behalf of Anokhilal in the 3rd trial in Khandwa Sessions Court.  Shreya Rastogi was assisted by Project 39A Associates - Sakshi Jain, Maria Sahayaselvan, Saloni Ambastha, and Stuti Rai.