The Bombay High Court withdrew a death sentence and life imprisonment for man accused of rape and murder of an eight-year-old girl in January 2012. The High Court held him guilty of only destruction of evidence and since he has served his sentence of seven years, Court directed for his immediate release. The man was accused of rape, murder and destruction of evidence of the girl by a local court earlier.
The court also directed Maharashtra government of paying compensation of Rs. 10 lakh to girl's parents over negligence by police in the investigation. Another man was acquitted from charges of destroying the evidence.
About the case
A girl went missing on January 1, 2012 and his father lodged a missing complaint in the police station. The next day, he was called by the police to identify a body in morgue, which the man claimed was his daughter.
He informed police next day that he has heard of about some person who had killed a child and disposed the body. Police arrested the accused on Jan 3, 2019.The accused used to work in a gala manufactured advertising boards in a gala (shop unit). He was accused of murdering the child and destruction of evidence as girl's father said that an abnormal incident occurred in the gala where a dead child was found and he suspected the man of killing and disposing the body. He also filed an FIR against another accused who worked in the gala.
The charge sheet was filed by police on March 30, 2012, however, the girl's father later filed a petition in Bombay High Court alleging faulty investigation by police. The High Court then ordered further investigation in August. The police added the section of rape under POSCO Act (Protection of Children from Sexual Offences Act) in the second chargesheet, which was filed on February 4, 2013.
The present scenario
The defence lawyer alleged that the accused only found the body and decomposed it as he was scared to be wrongly accused of murder. Moreover, the lawyer pointed out that the body was found under large planks of wood and the child could have been died due to getting crushed under them.
Also, he mentioned that post mortem report did not find any injury in the neck and therefore, does not amount to culpable homicide. He also said that body was decomposed and injuries to external genital area of the deceased were found to be due to decomposition and the accused was not involved in raping the child.
The Bombay High Court found out that police did not conduct thorough investigation in the matter and should have investigated if the death had occurred due to getting crush under the wooden planks. Court argued that it is not impossible to find the real truth in the incident now and therefore, the parents are liable for compensation by the Government. The Court also acquitted the second accused in the case as he was not present on the spot during the time of incident.
