The Allahabad High Court on Tuesday overturned a death sentence of a Rampur man, who was convicted by a fast track court (POCSO Act) of raping and murdering a six-year-old girl in May this year.
The court acquitted the accused Mohammad Nazil of all charges and ordered his release.
The Court observed that the prosecution failed to prove that the victim was last seen with the appellant (Nazil). It also said there was no medical evidence against him. The decision was given by the division bench of Justice Manoj Mishra and Justice Sameer Jain while allowing the appeal of Nazil.
Nazil was convicted by a Rampur court of raping and killing a six-year-old girl. The girl’s decomposed body was found in a semi-constructed house in Kanshiram Colony. After hearing the case, the fast track court had sentenced Nazil to death under sections 363, 376AB, 302 of the Indian Penal Code and section 6 of the POCSO Act.
He was arrested after an encounter in June, where he suffered a bullet injury in his leg.
Except for the confession, the Court said the police have no evidence to prove the incident. It ordered Nazil’s release under the provisions of section 437 (a) of CrPC.
Related
Akhlad Khan is an Uttar Pradesh based journalist and former sub-editor of the regional newspaper ‘Times Of Uttar Pradesh’. He is the attendant in the Shahrukh Pathan case.
