Jabalpur (Madhya Pradesh): A division bench of MP High Court has directed the state government to pay litigation cost of Rs 1 lakh to a man after setting aside his death and life imprisonment conviction in murder, kidnapping and aggravated sexual assault case.
The concerned Superintendent of Police will be entitled to recover the cost from the concerned Investigating Officer, who had carried out such a misguided investigation in the matter, the court ordered.
A division bench of Justice Vivek Agrawal and Justice AK Singh held the trial court’s judgement cannot be given seal of approval for failed to take into consideration circumstantial evidence, victim girls last seen and their time of death. contradictions in testimony of one of prime prosecution witness.
The court directed the State to release the man (appellant) forthwith, if not required in any other case. The appellant is acquitted of all the charges levelled against him, the court said.
The criminal appeals filed by the appellant are allowed by setting aside the judgment of January 31, 2024 passed by the Special Court (Protection of Children from Sexual Offences Act) Waraseoni, District Balaghat in two cases for being illegal and against the material and evidence available on record.
The allegation against the appellant was that on April 4, 2022 he abducted two girls aged about 5 years and 3 years residing in his neighbourhood and murdered them by committing an immoral act with the younger victim. The dead bodies of two girls were recovered the next day.
