“Absence Of Semen In Leggings”: Uttarakhand HC Acquits Man Who Was Sentenced To Death In Minor's Rape & Murder Case
The Uttrakhand High Court allowed the appeal by a man previously sentenced to death for a rape and murder case of a 15-year-old girl due to the absence of semen and his doubtful role.
The Division Bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma observed, “Once the DNA report cannot be made the basis for conviction, the absence of the semen in the leggings when the dead body was recovered makes it more doubtful that she had been raped…The role of Azhar becomes more doubtful, as after suffering injuries could have driven the motorcycle, and taken the deceased at the site committed rape and after killing her, brought the dead body and hanged it from the tree, from where the dead body was visible to everybody and also from the house of the deceased.”
Advocate Manisha Bhandari appeared for the Appellant whereas DAG JS Virk and Advocate Rakesh Joshi appeared for the Respondents.
A reference was sent by the Additional Sessions Judge under Section 366 of the Code of Criminal Procedure, 1973, for affirmation of a sentence of death awarded by the Court against the Appellant under Section 376, 302 of the Indian Penal Code, 1860 and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’).
The brief facts of the case were that a complaint was made in January 2016, by the brother of the minor-deceased. As per the prosecution story, the deceased dead body was found hanging from the tree. She was seen with the Appellant on a bike and did not return home after that.
After considering evidence, facts and circumstances on record, the Court noted that if he had committed the rape and murder, he would have left the body there, and especially keeping in view the injuries suffered by him, it is highly doubtful, that he would have brought the dead body on the motorcycle and thereafter hang the body on the tree from where it is visible to everybody.
The Court also highlighted that when the dead body was recovered the deceased was wearing a legging and there was blood, there was no semen in the legging and she was not even wearing any undergarments, if rape had been committed on her it is not possible that there would be no semen in the legging when the blood was present.
The Court concluded, “The entire version of the prosecution becomes doubtful, and keeping in view the above facts, the appeal of the accused Azhar, is being allowed, and the judgment and order dated 10/12.12.2018, passed by Additional Sessions Judge / FTC / Special Judge (POCSO), Dehradun, in Special Sessions Trial No. 21 of 2016, is hereby set-aside. He is being acquitted of the offences under Sections 302 and 376 of IPC and under Section 4 of the Act, 2012. The appellant - Mohd. Azhar @ Antee be released from judicial custody immediately,
if not required in any other case.”
Accordingly, the Court answered the reference and allowed the appeal filed by the Appellant.
Cause Title: State of Uttrakhand v. Mohd. Azhar@Antee
Appearances:
Appellant: Advocate Manisha Bhandari.
Respondents: DAG JS Virk and Advocate Rakesh Joshi