Team  SoOLEGAL

Bombay HC overturns death sentence of accused in a case of rape and double murder

Team SoOLEGAL 16 Aug 2017 10:28am

Bombay HC overturns death sentence of accused in a case of rape and double murder

In a rape and double murder case of Noorjahan and her 14 years old daughter, the Aurangabad bench comprising Justices SS Shinde and KK Sonawane held the prosecution’s case on the ground of insufficient evidence withs several contradictions. The bench overruled the death senetnce of accused awarded by Trial Court special Judge ‘Majalgaon’ dated August 17, 2016. 

The Court said that the entire prosecution was based on conjectural evidences which in court’s view is not worthy enough to prove the accused guilty of the crime.

The Trial Court awarded the accused death sentence convicting them under Sections 449, 354(B), 376(2)(i), 302, along with 34 of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act.   

The prosecution explained that the informants Gulab Shaikh and Gangabhisan Gade who happens to be the Brother of Victim’s husband Chand Shaikh, were taking a stroll in a field nearby Victim’s house around 5:30 pm on May 28, 2105. When they came to the house for having some water, they found the dead bodies of Chand’s wife Noorjahan and her 14 years old daughter lying on the floor with torned clothes and bathed in blood. Also, the prosecution presented that Papa Shaikh, Brother of Gulab and Chand Shaikh saw the accused Krushna Ridde, running toward the same field the victim’s house was in, at the midnight of the day of incident. He neglected accused behavior at the moment and later, in the morning he heard about the murder.

The prosecution in his final statement said that both the accused murdered Noorjahan and her Daughter in order to escape from the accusation.

Advocate SG Ladda, representing the accused stated that the entire case stands on conjectural evidences with a long chain of contradictions, therefore the prosecution holds no water. 

Also argued that Noorjahan was running illegal liquor business in that house with her daughter and husband, having no connections with the accused.

Due to the lack of proper evidences and motivation to commit the crime, police’s infirmity in the collection of evidence, the Bombay High court sets aside the death of the accused.        

Read the Judgment Here





Tagged: Bombay High Court   double murder  
Did you find this write up useful? YES 1 NO 0
×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com