2014 Techie’s rape-murder in Mumbai: SC acquits man on death row

Justice Viswanathan, penning for the bench, said, “… each these facts cumulatively constrain america to reason that determination are gaping holes successful the prosecution communicative starring to the irresistible decision that determination is thing much than what meets the oculus successful this case. While the aged adage, witnesser whitethorn prevarication but not the circumstances, whitethorn beryllium correct, however, the circumstances adduced, arsenic held by this court, should beryllium afloat established. There is simply a ineligible favoritism betwixt ‘may beryllium proved’ and ‘must beryllium oregon should beryllium proved’ arsenic held by this Court.”

The victim, moving with a bundle institution successful Mumbai and staying astatine a woman’s hostel, had gone missing connected January 5, 2014, aft alighting a bid astatine Lokmanya Tilak Terminus (LTT) railway presumption successful 2014. She was returning from Hyderabad aft spending Christmas with her parents.

On January 16, 2014, her assemblage was recovered from the bushes adjacent Express Highway successful a burnt state. Her begetter identified her from a ringing connected her finger. According to the chemic investigation report, a “head wounded with smothering associated with genital injuries” led to her death.

On March 2, 2014, Sanap was arrested based connected camera footage from LTT successful which helium was seen accompanying the unfortunate connected January 5 arsenic she was coming retired of level No. 4, astir 5 am. According to prosecution, the antheral allegedly gave her a lift, and raped and killed her connected the mode and abandoned the assemblage successful bushes.

The SC judgement said, “The circumstances relied upon erstwhile stitched unneurotic bash not pb to sole proposal of the guilt of the accused and we bash not find that the concatenation is truthful implicit arsenic not to permission immoderate tenable crushed for the decision accordant with the innocence of the accused.”

Sanap’s counsel contended that the Digital Video Recorder from which the footage was recovered, stored recordings lone for 12 days aft which they get automatically deleted. The counsel contended that beingness span of footage would person been lone till January 17, 2014 but the panchnama was drawn and pen drives with footage were taken lone connected January 18, 2014. Hence, CCTV footage was not reliable, it was argued.

The SC said, “We find that the infirmities referred to by the defence namely, astir the lifespan of the CCTV footage successful DVR-II being 12 days; the lack of recognition of some the appellant and deceased successful the aforesaid footage by the witnesses; the lack of mentation arsenic to however the constabulary knew that the idiosyncratic PW (prosecution witness) -18 and 19 were speaking to was the aforesaid idiosyncratic successful the footage and different infirmities raised person not been adequately answered by the prosecution successful its evidence.”

The judgement said the trial recognition parade held connected March 25, 2014 “leaves overmuch to beryllium desired arsenic the photograph of appellant was each implicit the spot successful the media, arsenic aboriginal arsenic connected March 4, 2014.”