Conclusion
84. We cannot shy away from the fact that it is a ghastly case of
rape and murder of a 6 year old child. By not conducting the
investigation properly, the prosecution has done injustice to the
family of the victim. By fixing culpability upon the appellant without
any shred of evidence which will stand the scrutiny, the prosecution
has done injustice to the appellant. Court cannot make someone, a
victim of injustice, to compensate for the injustice to the victim of a
crime.
85. In fact this is a case where the appellant is so poor that he
could not afford to engage a lawyer even in the Sessions Court.
After his repeated requests to the Court of District and Sessions
Judge, the service of an advocate was provided as amicus. In cases
of such nature, the responsibility of the Court becomes more
onerous. When we analyse the evidence with such a sense of
responsibility, we are not convinced that the guilt of the appellant
stood established beyond reasonable doubt. Therefore, the appeals
46
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