HC quashes death penalty in rape and murder case of 8-year-old, cites lack of evidence

The Bombay High Court Monday quashed and set aside the order of a sessions court sentencing a man to death for rape and murder of an eight-year-old girl while directing the Maharashtra government to pay Rs 10 lakh for "negligent investigation" to the parents of the deceased.

A division bench of Justices B P Dharmadhikari and P D Naik was hearing an appeal filed by one Nazir Khan challenging a March 2016 order of the sessions court which sentenced him to death under rape and murder charges.

The bench quashed and set aside Khan's conviction and death sentence, but held him guilty under section 201 of the Indian Penal Code for destruction of evidence, and sentenced him to seven years in jail.

Observing that police failed to carry out proper investigation in the case, the bench noted that the material on record did not conclusively prove that the girl was killed or raped.

According to prosecution, the girl had gone missing from near her home in suburban Vile Parle in January 2012. Her body was later found in a nearby dump.

After initially registering a case of accidental death, police later arrested Khan for allegedly raping and killing the girl, and dumping her body.

Defence lawyer Yug Chaudhary said that Khan had told police and later to the trial court that the girl had died in an accident after a huge plywood fell on her.

Khan had only attempted to dispose of her body so that he is not held responsible for her death, Chuadhary argued.

The HC noted that police did not carry the investigation in consistence with the requirements of law relating to the circumstantial evidence.

The bench observed that the circumstantial evidence was not sufficient to rule out accidental death.

"In a case based upon circumstantial evidence, the prosecution has to indicate a chain of circumstances which is so complete that it does not permit implication of any other person except accused. The chain has to, therefore, unerringly point at accused only as the person responsible for the offence. It also has to rule out involvement or possibility of involvement of any other person," the high court said.

The bench noted that the material on record in the present case did not record a finding of rape and also did not show a culpable homicide.

"It (the material) also does not rule out an accidental death. Therefore, whether plywood sheets stored in the godown, where the accused person worked, slipped and fell on the deceased victim because of its negligent storing or then because of some human act is the moot question which needed investigation and answer.

"Unfortunately, in the present matter investigating officer has not brought on record any material in that respect," it said.

The judges noted that it was impossible now to find out the truth behind the death of the girl as many years have passed since the incident.

"But omission to conduct proper investigation definitely entitles family of the victim to reasonable compensation from the state government," the bench said.

"We direct the state government to pay to the parents of the victim an amount of Rs 10 lakh for negligent investigation into death of their daughter on January 1, 2012," the judges stated.

The bench said the government should recover the amount from the concerned investigating officer and/or others found guilty of lack of diligence in investigation, after proper inquiry and procedure.