How Bhopal Man Escaped 2 Death Penalty Sentences In POCSO, Murder Case
After he was found guilty for the second time by trial court in 2023, the Madhya Pradesh High Court sent the case back for retrial.
A man from Bhopal in Madhya Pradesh walked out of jail after spending more than eleven years in jail in after he was acquitted in the alleged rape and murder of a 9-year-old girl. Anokhilal was first sentenced to death in 2013 at the age of 21 by a special court in Madhya Pradesh's Khandwa district. After the trial court held him guilty in 2013, the Supreme Court set aside the death penalty and conviction and ordered a retrial in the case. In that retrial, again the trial court held him guilty and sentenced him to death penalty in the case in 2023.
After he was found guilty for the second time by trial court in 2023, the Madhya Pradesh High Court sent the case back for retrial. Anokhilal was accused of kidnapping, sexual assault, unnatural offense, murder, under various sections of Indian Penal Code (IPC) and the Protection of Children from Sexual Offenses (POCSO) Act 2012.
What Changed Conviction Into Acquittal This Year?
Following a third trial by a special court in Khandwa, Anokhilal walked out of prison after 11 years on March 20, 2024. In the third trial, the special court found many discrepancies in the DNA reports and errors in the collection, sealing, and analysis of the samples.
The trial court found that the semen found at the crime scene belonged to another man.
The trial court judge Prachi Patel expressed dissatisfaction over the police using Anokhilal's flight from the scene as incriminating evidence against him.
In previous two trials, the courts convicted Anokhilal based on the claim that the girl was last seen with him. The judge noted that there was a difference of 36 hour between when they were seen together to the time when the girl's dead body was found. The court found that there was no evidence on what happened in the time in between and the "last seen with evidence" was a weak one.
"The deceased was last seen with accused Anokhilal on 30.01.2013 and her dead body was seen on 01.02.2013 at 06:30 am.
That is, approximately 36 hours after they were last seen together, the deceased was found dead in a mutilated state. There is no evidence regarding what happened in these 36 hours," the order read.
The DNA reports showed that Anokhilal's DNA was not present on the girl's body and some other man's DNA was found on her. The court ruled that the scientific evidence here is enough to acquit him.
However, the court found the investigation was not carried out properly by the police and DNA report was not obtained appropriately.
The court found the investigation to be flawed as despite having the entire body of the 9-year-old girl at their disposal, the Police used a stain from her clothes (pajamas) as a sole DNA reference profile.
The trial court judge Patel noted in her order that no matter how grave the crime is, the burden of proof to convict the accused always lies on the prosecution.
"The court must always remain vigilant and ensure that the court's findings are based on the evidence presented before the court and not influenced by emotions," the order read.
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