Rape And Murder Accused Death Sentenced Set Aside By Patna High Court

 

The Patna High Court acquitted a rape and murder accused by setting aside the death sentence awarded by Trial court. In the case of Ajit Kumar V the State of Bihar it was stated that Ajit Kumar and Vishal Kumar has taken away the deceased minor forced her to have illicit intercourse with third person, perhaps Govind Prasad.

All of them agreed the commission of such illegal act with intention of causing bodily injury to the deceased and thereby they set deceased on fire by pouring kerosene. When the case went to trial court it was held that the trial court did not analyze the statements, the submissions and evidenc produced before the court in depth nor took into account their admissibility and relevance.

The Patna High Court comprising bench of Justice S. Kumar and Sanjay Karol noted that the judgement furnished by trial court was not proper. The prosecution witness on issue of kidnapping, sexual assault and murder were hearsey, The confessional statement its relevance or admissibility was never considered and examined. The High Court did not issue evidence against accused as well as the testimony of witness lack credence.

Even telltale signs of rape on spot or body of deceased were not found. The court stated the nature of offense fall within category of ‘rarest of rare cases.’ The Patna High Court did not seem to agree with the Trial Judge, either on the sentencing of awarding death penalty or applying the principles of sentencing. The sentence for each offense was required to be pronounced which perhaps Trial Judge did not take into consideration

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