Sept. 12
INDIA:
Rape case: HC reverses death sentence----Acquits man who was accused of
murdering, then having sex with body of a 6-year-old
The Gujarat High Court on Monday reversed a capital punishment order by
the trial court and acquitted a man charged of murdering a minor girl.
Kishan Marwari, accused of murdering, then raping 6-year-old Gomi Marwari
has been set free by the high court on the grounds that the prosecution
has failed to establish a complete chain of evidence and they have been
unable to prove that the case can be deemed "rarest of rare case."
On August 18, 2004 city sessions judge Z K Sayyed had ordered the death
penalty, observing, "A person who carried out such a heinous and devilish
deed had no right to live in the society."
Divison bench of Justice A Dave and Justice M D Shah said that the facts
and circumstances were re-appreciated during the appeal filed by the
accused and the death penalty ordered by the trial court has been set
aside.
The written order is pending in the matter. Appearing on behalf of the
accused, advocate B M Supehia requested the court to admit the appeal as
there were several loopholes in the investigation.
According to the prosecution, Kishan, a native of Rajasthan, is a distant
relative of the victim. He was unemployed and was living with his sisters
family in Gulbhai Tekra slums when the incident took place. Kishan,
allegedly, lured Gomi by offering her sweets and took her to an isolated
place. He, allegedly, smashed the girls head with a heavy stone, chopped
off her legs to remove her anklets and had sex with the body.
However, the defence counsel said that in the absence of an eye-witness,
the prosecution used circumstantial evidence, missing vital facts.
Supehia said that the investigating officials failed to conduct the
medical test of the accused. "Though they submitted the victims medical
report, they have no evidence to prove that Kishan had sex with the body
of the girl," he said.
Terming it an incomplete investigation, Supehia said the officials had not
conducted an identification parade even though there were two persons who
had seen Marwari immediately before and after the crime was committed.
"According to the police, Marwari and Gomi had stopped at a roadside
dabeli vendor after committing the heinous crime. Kishan also reportedly
sold the anklets to a jeweller. The vendors statement was recorded and a
bill from the jewellers shop was produced before the court. The date of
the bill was missing," said Supehia, adding, "The bill carried a thumb
impression. Kishan is literate. He would have signed it."
Supehia said, "The police recovered a blood-stained shirt, a duppatta and
a blanket from the crime scene. Yet, they only sent the shirt for medical
examination."
The advocate contended that the criminal complaint was lodged by the
victim's uncle Radhe Narayan, who claimed that the shirt belonged to
Kishan. "Narayan admitted that he never saw Kishan on the day of the
incident. How did he recognise the shirt?" Supehia argued before the
court.
Glaring procedural lapses have been found during investigation, said
Supehia. "It is proved that evidence collected by the police was not
examined thoroughly," he added.
Additional public prosecutor Sudhansu Mehta said there is ample evidence
to prove that Kishan is guilty and there is no doubt that the accused had
committed a barbaric offence. Mehta said he will file a Special Leave
Petition before the Supreme Court to challenge the High Court order.
Meanwhile, the victim's parents Laliben and Kishen Velbhai have moved out
of the slums at Gulbai Tekra to Narol.
(source: Ahmedabad Newsline)
