NEW DELHI: A man who was awarded death sentence in a rape-cum-murder case despite being incapable of sexual intercourse and spent 13 years under the shadow of death was acquitted along with other accused by Supreme Court on account of his medical condition and lack of conclusive evidence.A bench of Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi quashed trial court and HC orders that convicted the man and his friend and awarded them death for rape and murder of a woman.SC said both the trial court and the HC had glossed over patent infirmities and loopholes in the prosecution’s case. “The prosecution sought to attribute a motive to the appellants by alleging they subjected the deceasedvictim to sexual assault in order to satisfy their carnal desires and thereafter caused her death when she resisted.However, the evidence brought on record does not lend credence to this theory of motive. Significantly, Dr B S Aswal, who medically examined accused No.1 Mehtab, categorically deposed that owing to a medical condition suffered by the said accused, it was not possible for him to engage in sexual intercourse. This aspect assumes considerable importance because the prosecution case itself proceeds on the footingthe alleged sexual assault constituted the genesis of the entire occurrence…” the bench said.In the absence of any cogent evidence substantiating the motive, coupled with the medical evidence, the prosecution theory was highly doubtful and does not inspire confidence, it said.End of ArticleFollow Us On Social MediaVideos’Trauma Care Part Of Right To Life’: SC Orders 112 As One Unified Emergency Response NumberAfter 20 Years In Saudi Prison, Kerala Man Abdul Rahim Returns HomePatna Builder Gifts CM Portrait, Internet Reacts With “Majnu Bhai Would Be Proud” JokesTension At West Bengal Border As Migrants Wait For Return Amid Holding Centre OperationsTwisha Sharma Death Case: CBI Arrests Mother-In-Law & Retired Judge Giribala SinghFrom Brazil To India: Inside Gujarat’s Biggest Cocaine SeizureSiddaramaiah Resigns As Karnataka CM, DK Shivakumar Likely To Take OverSpecial Eid-ul-Adha Namaz Held At Taj Mahal Amid Tight Security Across Uttar Pradesh CitiesTamil Nadu CM Vijay Postpones Delhi Meeting With Rahul Gandhi After PM Modi MeetPriyanka Gandhi Intervention Boosts DK Shivakumar’s Push For Karnataka Chief Minister Post: Report123PhotostoriesStudy reveals nearly 40% of cancers may be preventable; doctor explains how everyday habits are raising the risk10 whimsical baby names inspired by fantasy and folkloreNYC Mayor Zohran Mamdani brings football and fashion together in an Arsenal thobe for Eid celebrationsDiscovering India’s only snake-free region10 famous snake parks and zoos in the USA every wildlife traveller should visit and how to reach here”Egg is the worst thing you can…” Sadhguru shares 3 traditional South Indian vegetarian dishes rich in protein and vitamin B125 most iconic Katrina Kaif movie looks that are making a comeback online10 toxic habits you think are normal, but they’re holding you backIndoor plants that you can grow without soilIndia’s hidden wine regions beyond Nashik123Hot PicksParris Campbell RetirementClaude Lemieux DeathMitch MarnerKarnataka CMJai Pal SinghCristiano RonaldoSachine TendulkarTop TrendingPatna Boat AccidentGujarat Drug BustNEET UG Paper LeakNorth India HeatwaveGrocery price hikeBengaluru Ebola CaseUK NEETRahul GandhiIndian mango exportsFuel price hike
NEW DELHI: A man who was awarded death sentence in a rape-cum-murder case despite being incapable of sexual intercourse and spent 13 years under the shadow of death was acquitted along with other accused by Supreme Court on account of his medical condition and lack of conclusive evidence.A bench of Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi quashed trial court and HC orders that convicted the man and his friend and awarded them death for rape and murder of a woman.SC said both the trial court and the HC had glossed over patent infirmities and loopholes in the prosecution’s case. “The prosecution sought to attribute a motive to the appellants by alleging they subjected the deceasedvictim to sexual assault in order to satisfy their carnal desires and thereafter caused her death when she resisted.However, the evidence brought on record does not lend credence to this theory of motive. Significantly, Dr B S Aswal, who medically examined accused No.1 Mehtab, categorically deposed that owing to a medical condition suffered by the said accused, it was not possible for him to engage in sexual intercourse. This aspect assumes considerable importance because the prosecution case itself proceeds on the footingthe alleged sexual assault constituted the genesis of the entire occurrence...” the bench said.In the absence of any cogent evidence substantiating the motive, coupled with the medical evidence, the prosecution theory was highly doubtful and does not inspire confidence, it said.
