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.”