26
No.8 of 2015 was made to the High Court for confirmation of the death
sentence awarded to the accused Hari Om.
The High Court by its judgment and order presently under appeal
affirmed the conviction and sentence of the accused Hari Om, Sanjay @
Sonu, Saurabh @ Sanju and acquitted the other three accused named
Haseen Khan, Rijwan and Rafique @ Bhaiye of the charges levelled against
them. The reason for their acquittal was:“As far as the accused-appellants Haseen Khan,
Rijwan and Bhaiye are concerned, they were neither named
nor the recovery from them, was proved beyond reasonable
doubt, hence, the same was disbelieved and they were
acquitted under Section 412 IPC and their fingerprints were
also, did not tally with the disputed fingerprints collected
from the spot. They were also not named by witness Ujjwal
or any other witnesses. According to evidence against
them, during investigation there was recovery and first time
they were identified before the court by the witness Ujjwal
along with other accused. It is also clear from the record
that the accused-appellants appeared before the trial court
on previous dates and on subsequent date, witness Ujjawal
identified them. Hence, there was sufficient time and
opportunity to identify them. No identification parade took
place in the present case. The incident is of the year 2008
and after about three years they were identified by child
witness Ujjawal first time before the court, hence, this
evidence is doubtful. Considering the entire facts and
circumstances, including the identification for the first time
before the court, it is clear that the prosecution failed to
prove the case beyond doubt against the appellants Haseen
Khan, Rijwan and Bhaiye alias Farid alias Rafique and they
are entitled for acquittal.”
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents