New Delhi, October 8
The Supreme Court has acquitted a man sentenced to death by an Uttar Pradesh court for the rape and murder of a six-year-old girl, saying he was convicted without a shred of evidence.
A three-judge Bench, led by Justice S Abdul Nazeer, said the prosecution did injustice to accused Chotkau by fixing culpability on him without a shred of evidence.
Court’s observation
The court cannot make someone a victim of injustice to compensate for the injustice to the victim of a crime. —SC Bench
Chotkau ndash; who was so poor that he could not afford to engage a lawyer even in the Sessions Court — was convicted of murder (Section 302 of the IPC) and rape (Section 376 of the IPC) and sentenced to death by a trial court at Shravasti in Uttar Pradesh. The conviction was later confirmed by the Allahabad High Court.
Noting that the case was based on circumstantial evidence wherein medical evidence assumed great significance, the Bench said in the present case, no medical evidence was produced, which gave rise to serious doubts as regards the prosecution case.
“The failure of the prosecution to produce such evidence, despite there being no obstacle from the accused or anyone, will certainly create a gaping hole in the case of the prosecution and give rise to a serious doubt on the case of the prosecution,” said the Bench, which also included Justice AS Bopanna and Justice V Ramasubramanian.
“The court cannot make someone a victim of injustice to compensate for the injustice to the victim of a crime,” it said. “By fixing culpability upon the appellant without any shred of evidence which will stand scrutiny, the prosecution has done injustice to the appellant. The court cannot make someone a victim of injustice to compensate for the injustice to the victim of a crime,” it said.
