• About
  • Contcat Us
Wednesday, October 4, 2023
Justice Bench
No Result
View All Result
  • Login
  • Register
  • Home
  • Articles
  • Online Internship
  • Forums
  • Home
  • Articles
  • Online Internship
  • Forums
No Result
View All Result
justice bench
No Result
View All Result
Home News

Man accused of rape and stepmother murder acquitted and investigation against IO ordered by Madhya Pradesh High Court

By Justuce Bench by By Justuce Bench
August 27, 2022
in News
Reading Time: 4 mins read
0
0
madhya pradesh high court

madhya pradesh high court

0
SHARES
0
VIEWS

The conviction of a man accused of raping and killing his stepmother was recently overturned by the Madhya Pradesh High Court bench of Justices Subodh Abhyankar and Satyendra Kumar Singh in the case of Habu vs. The State of Madhya Pradesh, and the investigating officer was disciplined for “sleeping over forensic reports.”

Given that the deceased’s hair and the appellant’s hair were not submitted to the DNA unit for identification, a the court concluded that the appellant was entitled to the benefit of the doubt based on the Supreme Court’s ruling in Tomaso Bruno and others v. State of Uttar Pradesh.

The trial court had found the man guilty of raping and killing his stepmother, and the court was currently hearing his appeal. He had served ten years in prison. Anurag Vyas, the appellant’s attorney, contended that despite the fact that the case had circumstantial evidence, the prosecution was unable to establish its case beyond a reasonable doubt since the appellant had been wrongfully accused.

READ ALSO

Chhota Rajan Files suit in Bombay HC Against Netflix Series Scoop Demands ₹1 as Damages for Violation of Personality Rights

Kerala High Court Upholds Right of Accused to Surrender, Rejects Refusal of Permission by Courts with Appropriate Jurisdiction

A bare perusal of the aforesaid decision of the Supreme Court clearly reveals that in a case where the prosecution has the best evidence available with them, but deliberately withholds the same and does not produce, its benefit has to be given to the accused,” 

The Court held

Additionally, he asserted that there was no forensic evidence connecting the appellant to the crime. He recalled that the prosecution had not provided any DNA evidence connecting the hair to the appellant despite the fact that the dead were found with hair in her palm.

He further asserted that the prosecution’s witnesses’ testimony contained significant inconsistencies and omissions and that the majority of them prayed for the appellant’s acquittal because they did not support the prosecution’s case.

Amit Singh Sisodia, the government’s attorney, disagreed with the acquittal request.

The only evidence, the Court declared after hearing from both sides, was a witness’s testimony that the appellant and the deceased were last seen together about 13 hours prior to the deceased’s body being found in a field.

The document also claimed that the prosecution failed to refer the deceased’s hair and the appellant’s hair to the DNA unit for identification despite a forensic report’s recommendation.

“So far as the facts of the present case are concerned, we have already discussed that the prosecution has relied upon the last seen together evidence, despite having one of the best evidences which could be made available in these modern times to a prosecution agency i.e. the hairs in the hands of the deceased, which could have been very well matched with the hairs of the appellant through DNA profiling. But for reasons best known to the prosecutions, it has not proceeded with this crucial DNA Testing of the hairs,” 

The Court held

The investigation discovered that human spermatozoa were present on the slides taken from the deceased’s vagina as well, but once more, the prosecution chose not to attempt to compare the DNA of the spermatozoa to that of the appellant.

The Court expressed disbelief in the “last seen together” theory, noting that the appellant and dead were last seen together almost 13 hours before the deceased’s body was discovered.

Because there was no evidence linking the appellant to the crime, the Court allowed the appellant’s appeal.

Before rendering its decision, the Court voiced its concern with the way the investigating agency handled the issue.

The investigating officer had “slept over the forensic reports,” it claimed.

“It is inconceivable that after recovering hairs of an accused from the hands of the deceased, and despite a specific observation by the Scientific officer that DNA is necessary for the confirmation of the matching the hairs seized and that of the appellant, no efforts were made by the investigating officer to get the DNA profiling done which has led to sheer injustice, not only to the appellant but also to the deceased whose culprit has never been caught or has walked free today by the order of this court,” 

The court held

The Court ruled that such a careless approach by an investigating officer was unacceptable and ordered the State to launch an investigation and take action against the accountable officials who were in violation of their obligations.

Read Order

Habu_v_State_of_Madhya_PradeshDownload
Tags: AcquittalIndian Penal Codeindore benchmadhya pradesh high courtsection 302 IPCsection 376 IPC
ShareTweetSendShare

Related Posts

Chhota Rajan Files Lawsuit in Bombay High Court Against Netflix Series 'Scoop,' Demands ₹1 as Damages for Violation of Personality Rights
News

Chhota Rajan Files suit in Bombay HC Against Netflix Series Scoop Demands ₹1 as Damages for Violation of Personality Rights

June 1, 2023
Kerala High Court Upholds Right of Accused to Surrender, Rejects Refusal of Permission by Courts with Appropriate Jurisdiction
News

Kerala High Court Upholds Right of Accused to Surrender, Rejects Refusal of Permission by Courts with Appropriate Jurisdiction

June 1, 2023
The Telangana High Court’s judgment restricting CBI’s questioning of YS Avinash Reddy is overturned by the Supreme Court.
News

The Telangana High Court’s judgment restricting CBI’s questioning of YS Avinash Reddy is overturned by the Supreme Court.

April 24, 2023
calcutta hc
News

The Calcutta High Court has ruled that any form of penetration, even if it is minimal, during forced anal sex is considered an offense under Section 377 of the Indian Penal Code.

February 24, 2023
Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media
News

Bengaluru court has banned the spread of defamatory content about IAS officer Rohini Sindhuri in a lawsuit against Roopa Moudgil and the media

February 24, 2023
pocso act
News

SC – Touching a finger to a vagina does not constitute “insertion” for the purposes of attracting charges of penetrative sexual assault under the POCSO Act.

February 23, 2023
google news
google news

POPULAR NEWS

Justices DY Chandrachud, AS Bopanna, and Bela M. Trivedi,

Execution of Document not to be considered based on Admission of Sign on Document Rules Supreme Court

May 12, 2022
DIFFERENCE BETWEEN ADVOCATE AND LAWYER

WHAT IS THE DIFFERENCE BETWEEN AN ADVOCATE AND A LAWYER?

June 4, 2022
La Milano Pizzeria restrained  from representing previous association with La Pino'z - know more

La Milano Pizzeria restrained  from representing previous association with La Pino’z – know more

May 20, 2022
Why does Sequoia Capital terminate connections with Sandeep Kapoors Algo Legal? threats of ED searches, arm-twisting, and more

Why does Sequoia Capital terminate connections with Sandeep Kapoors Algo Legal? threats of ED searches, arm-twisting, and more

June 6, 2022
Right to Promotion is a Fundamental Right Not the Right to Promotion

Right to Consider to Promotion is a Fundamental Right But Not the Right to Promotion

May 13, 2022

Tags

advocate Algo Legal Allahabad HC Allahabad High Court Anil Deshmukh anticipatory bail Appointment of Judges bail Bombay high court calcutta high court Central Bureau of Investigation central government cji Collegium Collegium Recommendations defamation delhi high court divorce Enforcement Directorate gauhati high court Gujarat High court Gyanvapi Mosque high court judges IPR Judicial Appointments justice bench karnataka high court kerala high court latest judgements law ministry legal news madras high court murder patna high court pil pocso act Rouse Avenue Court Sequoia Capital study material supreme court Supreme Court Collegium supreme court of india UAPA Union Law Ministry varanasi court

important sections in contact while drafting contact

by By Justuce Bench
June 3, 2023
0
Analysis of Contract Law, Social Norms, and Inter-Firm Cooperation
Articles

In contract law, there are several important sections that govern the rights, obligations, and enforcement of contracts. While the specific...

Read more

Eight types of contract laws

by By Justuce Bench
June 3, 2023
0
Eight types of contract laws
Articles

Contract law is the legal field responsible for governing and enforcing binding agreements. Contracts play a vital role in holding...

Read more

Analysis of Contract Law, Social Norms, and Inter-Firm Cooperation

by By Justuce Bench
June 2, 2023
0
Analysis of Contract Law, Social Norms, and Inter-Firm Cooperation
Articles

We frequently engage in numerous agreements in our daily lives, ranging from buying vegetables at the market to installing and...

Read more

An overview of the process of rescinding contracts

by By Justuce Bench
June 2, 2023
0
rescission of contact
Articles

The term "rescission" originates from the Latin word 'rescindere', meaning to cut or tear open. It refers to the act...

Read more

About

Justice Bench is one of the fastest growing news legal portal in India, for latest Latest Legal News india, Supreme Court judgement updates, High Courts Judgments updates,Law Firms News in india, Law School News, Latest Legal News india visit us.

Follow us

google news
google news

Recent Posts

  • important sections in contact while drafting contact

Popular News

  • DIFFERENCE BETWEEN ADVOCATE AND LAWYER

    WHAT IS THE DIFFERENCE BETWEEN AN ADVOCATE AND A LAWYER?

    0 shares
    Share 0 Tweet 0
  • La Milano Pizzeria restrained  from representing previous association with La Pino’z – know more

    0 shares
    Share 0 Tweet 0
  • Analysis of Contract Law, Social Norms, and Inter-Firm Cooperation

    0 shares
    Share 0 Tweet 0
  • Telangana High Court has ruled that notice under section 41A is required for offences punishable by up to seven years 

    0 shares
    Share 0 Tweet 0
  • SC – Touching a finger to a vagina does not constitute “insertion” for the purposes of attracting charges of penetrative sexual assault under the POCSO Act.

    0 shares
    Share 0 Tweet 0

© 2022 JusticeBench  |  Privacy Policy  | Terms of Use

No Result
View All Result
  • Home
  • Articles
  • Online Internship
  • Forums

© 2022 JusticeBench  |  Privacy Policy  | Terms of Use

Welcome Back!

Sign In with Google
OR

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Sign Up with Google
OR

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In