PATNA: The Patna high court has acquitted a man who had been sentenced to death nine years ago for the rape and murder of an 11-year-old girl in Bihar's Bhagalpur district, ruling that the prosecution failed to establish its case beyond "reasonable doubts". A division bench of justices Ashutosh Kumar and Alok Kumar Pandey granted the criminal appeal of Munna Pandey, absolving him of all charges.
The case's uniqueness lies in the fact that the HC had earlier dismissed the convict's appeal, confirming his death penalty in April 2018.
However, on September 4 this year, the Supreme Court remanded the case back to the HC for reconsideration, making harsh observations about the trial court's conduct and requesting a re-evaluation of the evidence that could indicate the man's innocence.
The case dates back to June 1, 2015, when an FIR was filed at Sabaur police station in Bhagalpur by the girl's mother, who alleged that her younger daughter had been raped and murdered while watching TV at Pandey's home. When the girl did not return home, her mother went to Pandey's home to look for her but found the main door locked. She then informed police and they broke open the door lock.
They discovered the girl's nude body under a bed in Pandey's room. A juvenile boy named Pritam was found hidden in the house and was arrested along with Pandey.
The autopsy report confirmed the rape and murder of the girl, leading to the filing of a charge sheet against the accused within five days. During the trial, Pandey maintained his innocence, arguing that the main perpetrator was Pritam, whose trial was separated due to his juvenile status.
On February 2, 2017, the Bhagalpur trial court found Pandey guilty of murder and rape, as well as violations of the Pocso Act, sentencing him to death and imposing a fine of Rs 10,000. The Patna HC upheld the death sentence.
The Supreme Court, however, reinstated the appellant's appeal, criticising the trial court for acting as a "mute spectator and evidence-recording machine", and instructed the HC to provide the appellant with an experienced lawyer to argue his case.
Advocate Ansul, who took the case without charge and out of goodwill, raised concerns about the absence of material evidence proving Pandey's involvement in the crime, as well as the shortcomings in the prosecution's case, and the infirmities in the trial court's appreciation of circumstantial evidence. The two judges found merit in these arguments and also dismissed the state government's appeal to confirm Pandey's death sentence.