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Important decision: High court acquitted the accused who was in jail for 19 years, the district court had sentenced life imprisonment A to Z Counsel

Important decision: High court acquitted the accused who was in jail for 19 years, the district court had sentenced life imprisonment


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The Allahabad High Court has acquitted the accused who has been in jail for more than 19 years on charges of rape. The court has said that the allegation is not proved on the basis of medical and evidence. Therefore, the accused should be acquitted. The court expressed displeasure over not considering the release of the accused in the case and not listing the matter for 14 years by the Registry Department of the High Court.

The court has given while hearing the criminal appeal of Aftaf alias Nafees alias Pappu. In the case, an FIR was lodged against the petitioner under the Rape and SC / ST Act at Akbarpur police station in Kanpur countryside in 2001. While hearing the sessions court, he was sentenced to life imprisonment.

During the hearing, the High Court found that rape on the accused is not being confirmed. The court rejected the evidence on record and said that the doctor’s evidence and medical report do not show the presence of any sperm. Whereas, after registering the FIR, the victim was taken straight from the police station for medical examination. The court also noted that no injury was found on the victim’s body. The allegation against the accused under the SC/ST Act is also not proved. Therefore, the decision of the Sessions Court is unilateral and not correct.

The court regretted not being listed in the case by the Registry Department of the High Court from 2008 to 2022. The Court ordered the Department of Registry to comply with the judgment given in the case of Vishnu v State of UP. The court expressed displeasure over not considering the matter on behalf of the UP government, citing the case of Saudan Singh of the Supreme Court. Said, this also shows the apathetic attitude of the jail authorities.

Expansion

The Allahabad High Court has acquitted the accused who has been in jail for more than 19 years on charges of rape. The court has said that the allegation is not proved on the basis of medical and evidence. Therefore, the accused should be acquitted. The court expressed displeasure over not considering the release of the accused in the case and not listing the matter for 14 years by the Registry Department of the High Court.

The court has given while hearing the criminal appeal of Aftaf alias Nafees alias Pappu. In the case, an FIR was lodged against the petitioner under the Rape and SC / ST Act at Akbarpur police station in Kanpur countryside in 2001. While hearing the sessions court, he was sentenced to life imprisonment.

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