New Delhi: The Supreme Court on Monday acquitted three accused who were convicted of gang rape and murder of a 19-year-old girl back in 2012, granting them the "benefit of doubt" as the trial was not conducted properly.
The bench comprising CJI UU Lalit, Justice S Ravindra Bhat, and Justice Bela M Trivedi pronounced the verdict in the Chhawla rape and murder case. The court observed that the prosecution has to bring charges beyond reasonable doubt which it failed to do due to which the court is left with no alternative but to acquit the accused.
"It may be true that if the accused involved in the heinous crime go unpunished or are acquitted, a kind of agony and frustration may be caused to the society in general and to the family of the victim in particular, however, the law does not permit the courts to punish the accused on the basis of moral conviction or on suspicion alone.
No conviction should be based merely on the apprehension of indictment or condemnation over the decision rendered. Every case has to be decided by the Courts strictly on merits and in accordance with law without being influenced by any kind of outside moral pressures or otherwise," read the order.
The apex court said, "It observed many "glaring lapses" that occurred during the course of the trial. Out of 49 witnesses, 10 were not cross-examined and many more were not adequately cross-examined. Judge is not expected to be the passive umpire but has to participate actively in the trial and question the witness to reach a correct conclusion."
The court said that it found accused were deprived of their right to have a fair trial. However, the court said that even though they have acquitted the accused, the family of the victim is entitled to compensation.
Meanwhile, Uttarakhand chief minister Pushkar Singh Dhami on Tuesday assured that the rape victim will get justice. Dhami said, "I have spoken to Advocate Charu Khanna, who is looking into the case, and Union Law Minister Kiren Rijiju regarding the Supreme Court's decision of acquitting the three accused. The victim is the daughter of our country and we will do everything to ensure that she gets justice".
