Man let off on murder charges, but nailed for abducting minor girl

MUMBAI: Nine years after a minor girl's body was found floating in a well in a village in Satara, the Bombay high court convicted a local resident Shivaji Ghadge for abducting her. A division bench of Justice Vijaya Kapse-Tahilramani and Justice Sadhna Jadhav however, said that there was no evidence that Ghadge had raped or murdered the victim girl. The high court set aside the trial court's order convicting Ghadge for murder and sentencing him to life imprisonment. The HC held Ghadge guilty of the charge of abducting to cause grievous hurt under section 367 of the Indian Penal Code and punished him with an eight year jail term.

The very fact that the victim girl was denuded of her clothes is sufficient to hold that the accused had abducted her to subject her to unnatural lust and, therefore, he is liable to be convicted for the offence punishable under Section 367 of IPC.''

Advocate Arfan Sait, appointed by the HC legal services cell, pointed out that the medical report had said that the victim had died of drowning and she had no injuries on her body and nor was she raped.

The very fact that the medical opinion states that the cause of death is due to drowning, the accused cannot either be held guilty for the offence punishable under Section 302 of IPC. To substantiate the charge under Section 302 of IPC, the pre-requisite condition is that the prosecution has to essentially prove that the victim has died a homicidal death. In the absence of any evidence adduced by the prosecution, to prove homicidal death, it cannot be said that the accused has committed the offence punishable under Section 302 of IPC,'' said the judges.

Anda sedang membaca artikel tentang

Man let off on murder charges, but nailed for abducting minor girl

Dengan url

http://cegahkeropostulang.blogspot.com/2013/04/man-let-off-on-murder-charges-but.html

Anda boleh menyebar luaskannya atau mengcopy paste-nya

Man let off on murder charges, but nailed for abducting minor girl

namun jangan lupa untuk meletakkan link

Man let off on murder charges, but nailed for abducting minor girl

sebagai sumbernya