By way of background, Sk. Asif Alli and Sk. Abid Alli (appellants) were accused of apprehending a six-year-old girl, while she was returning home with her cousin after buying chocolates from a shop.
After being forcibly taken away, she was subjected to rape due to which she sustained injuries and died.
The cause of death was due to shock and hemorrhage suffered by the girl as a result of injuries to her genital tract, it was alleged.
The trial court convicted both appellants for murder and awarded them the death sentence.
A third accused was acquitted.
The two accused who were convicted moved the High Court in appeal.
The Court examined the evidence on record and found that the case against one of the appellants, Sk. Akil Alli, did not stand proved beyond reasonable doubt.
As regards scientific evidence cited in Akil Alli’s case, the Court noted,
“The chemical examination report indicates that no blood, no semen and no vaginal secretion stain were noticed and similarly in no blood and no semen were noticed… Admittedly, no finger print of the appellant Sk. Akil Alli was found to be tallying with the chance finger prints detected on Aska 40 liquor bottles found at the spot,” the Court said.
It was also contended by the prosecution that Akil Alli was found consuming liquor with the other accused before the crime.
However, the Court said that this was much before the crime and could not link Akil Alli to the crime itself.
“Thus, the second circumstance i.e. the appellants were seen taking liquor in the verandah of the house of one Manu Mian and gossiping among themselves and the other two accused persons were also with them, as proved by the prosecution is not by itself sufficient to connect the appellants with the crime,” the Court held.
Similarly, the mere fact that he was found trembling and nervous later would also not be sufficient to link him to the offence, the Court said.
Hence, it proceeded to acquit Akil Alli.
Source: Barandbench
