look news india
Puri: The Orissa High Court commuted the death sentence of a man accused of raping and murdering a six-year-old girl to life imprisonment, saying the accused had surrendered himself to God and was ready to accept whatever punishment was awarded to him. He remembered God several times a day.
The bench comprising Justice S.K. Sahu and Justice R.K. Patnaik said that on the principle that an innocent cannot be punished, the punishment for the crime should also be according to the culprit.
On August 21, 2016, at 2 pm, the six-year-old girl went out with her minor cousin to buy chocolates. When they were returning at about 3 pm, the family started looking for the girl and she did not return. They found the girl unconscious in a narrow lane near the house of Sheikh Khairuddin. She was taken to the Primary Health Centre where the doctor suspected that she was raped and strangulated. She died on the way while being taken to a hospital in Cuttack. Her cousin later said that petitioners Sheikh Asif Ali and Sheikh Aqeel Ali took her away forcefully.
The police had charged the accused and two others with murder and the POCSO Act in the chargesheet. Examining the evidence and testimony produced against Aqeel Ali, the high court found that it was difficult to prove the accused guilty under various sections of the law and dismissed the charges against him and acquitted him of all charges. While Asif pleaded not guilty to the charges filed against Ali under the IPC, he was found guilty under the POCSO Act.
The court said that the entire case was based on circumstantial evidence and no evidence was produced to show that the crime was planned and executed. Also, the accused did not cause any harm to his cousin even though he knew that he could get rid of the debt of others.
