Bombay HC acquits man given death sentence in Pocso and murder case; directs action against those who los – Times of India

MUMBAI: Slamming the prosecution for the “most insensitive manner’’ in which it had investigated and conducted the trial in a 2016 case of rape and murder of a five-year-old, Bombay high court bench at Aurangabad, acquitted a man, 34, who had been sentenced to death by a special trial court last February.
The special trial court had convicted the man, a labourer for rape, murder and for aggravated penetrative sexual assault under section 6 of Protection of Children from Sexual Offences Act, (POCSO), 2012. In law, a death sentence awarded by a trial court has to be confirmed by the HC.
A nylon thread used to strangle the child had “gone missing’’ noted the HC. The evidence on record led the HC on February 11 to give the accused ‘benefit of doubt’ and his acquittal.
The HC directed the Directorate of Prosecution to initiate action against those responsible for the loss of a nylon string, failure to acquire a report from the forensic science laboratory to match evidence it considered crucial and for failure during the trial to examine witnesses important to the case.
The HC bench of RV Ghughe and B U Debadwar, also expressed “surprise’’ at the “manner in which’’ he special Judge had decided the case by overlooking certain cross-examination while drawing his conclusion. It also said that the Judge had a duty to direct the prosecution to bring witnesses necessary to draw a “correct conclusion’’. “He should have paid attention to the fact that a nylon string by which victim was strangled has also gone missing.’’
The HC said, “…such cases involving children of a tender age, should be dealt with, with utmost sensitivity.’’
The HC, however, praised public prosecutor S D Ghayal for the “tremendous efforts’’ he put into marshal facts in the appeal hearing and for death confirmation. “It is unfortunate that such amount of hard work is met with an order of acquittal at our unfortunate hands only because the prosecution has not collected evidence and has not even taken efforts to get a result from the Forensic Science Laboratory…’’
In October 2016, the child’s grandparents who worked as labourers on agricultural land had found her missing from home and lodged a missing complaint. The police during the investigation found her body floating in a gunny bag in a well in the field of another villager. There was a nylon string around her neck and her body was wrapped in a cloth, both of which were sent to a FSL. The accused labourer was arrested in November 2016 from another state.
(The victim’s identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)