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Brutality of Crime Not Ground to Convict Without Evidence: Patna HC in Minor s Rape-Murder Case
The court was hearing an appeal against a sessions court s death sentence to three men in the rape and murder of a 13-year-old in 2012.
Patna high court. Photo: Wikimedia Commons
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New Delhi: Acquitting three people accused of the rape and murder of a minor girl, the Patna high court on April 5 held that the brutality of the crime did not exempt the need for legal evidence when it came to a conviction.
LiveLaw has reported that a division bench of Justices Ashwani Kumar Singh and Arvind Srivastava set aside a death sentence given to three men who were accused of raping and murdering a 13-year-old school-goer in 2012.
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The Patna High Court on Monday acquitted three accused persons of the charges of raping and murdering a 13 year old minor girl thereby setting aside the death sentence awarded to them by the trial court after observing that the entire bucket of evidence was either inadmissible or unbelievable to rely upon by the Court.
A division bench comprising of Justice Ashwani Kumar Singh and Justice Arvind Srivastava observed thus: On consideration of the entire evidence, we reiterate that the prosecution has miserably failed to prove each of the links in the chain of circumstances beyond reasonable doubt against the accused-appellants. No doubt that the offence committed was gruesome and revolts the conscience but that alone could not have been a ground to convict the accused- appellants in absence of legal evidence against them.