Allahabad High Court: Death sentence canceled for burning girl alive after rape, order to be released immediately
The Allahabad High Court has quashed the death sentence awarded to the accused of burning a 14-year-old girl after raping her. The High Court held that the grounds admissible under the POCSO Act cannot be punished without evidence on the mere presumption that the accused has failed to prove his innocence. The court said that the burden of course on the accused to prove his innocence is on him. He should be proved but the prosecution should have prima facie sufficient facts and ground evidence of his involvement in the crime.
It is the duty of the prosecution to prove the offense beyond doubt. The sentence cannot be imposed only on the presumption that the accused could not prove his innocence. The court, acquitting him of the charges, quashed the sentences of death and life imprisonment and fine and directed his immediate release. This order was given by the division bench of Justice Manoj Mishra and Justice Sameer Jain while allowing the appeal of Manu Thakur.
The court said that the prosecution did not take the statement of the magistrate and the doctor who recorded the statement to prove the death statement of the victim. Nor did the forensic and DNA test be conducted. The trial court did not even apply for summons to the magistrate who recorded the statement of the victim. The court said that the subordinate courts made a mistake in understanding the evidence. Without proving the charge, he was sentenced on the ground that the accused could not prove his innocence.
The prosecution said that the victim was in her maternal grandmother’s house. The accused entered the house and molested him. After raping, put kerosene and set it on fire. He was admitted to the hospital in serious condition. He died 20 days later, whose FIR was lodged at Sikandar Rao police station in Hathras.
The police filed a charge sheet and the trial court imposed punishment for various offenses including hanging, life imprisonment and a fine of lakhs of rupees. The sessions court dismissed the appeal and restored the sentence. Senior Superintendent District Jail Aligarh referred the appeal to the High Court for confirmation of the death sentence.
It has been said on behalf of the accused that the victim was cooking food. When he extended his hand to take the spice, the kerosene bottle fell on the gas burner and a fire broke out in which it was 85 percent burnt. He died after a long treatment in the hospital. The Court held that the concept of being innocent till proven guilty of the accused is a human right. But there may be legal exceptions to this. To hold the accused guilty, there should be a fair, fair and reasonable concept. Section 29 of the POCSO Act provides for the concept.
The court said that the burden of proving his innocence lies on the accused. This is not contrary to the fundamental rights of Articles 14 and 21. But it is necessary that punishment should be given on the basis of satisfactory and credible evidence. If the prosecution is successful in proving the crime on the basis of facts and basic evidence prima facie, then the same concept will apply that the accused should prove their innocence. The court said that proving a negative fact is difficult but not impossible. The charge must be proved beyond doubt for conviction.
