Home Nation News In Jail Since 2016, Rape and Murder Case Accused Acquitted by Court on Benefit of Doubt

In Jail Since 2016, Rape and Murder Case Accused Acquitted by Court on Benefit of Doubt

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In Jail Since 2016, Rape and Murder Case Accused Acquitted by Court on Benefit of Doubt

Last Updated: January 28, 2023, 14:51 IST

The prescribed punishment for the offence under section 177 of the IPC is simple imprisonment for a term which may extend to six months or with fine or with both, the court said(Source: Shutterstock)

The prescribed punishment for the offence below part 177 of the IPC is straightforward imprisonment for a time period which can prolong to 6 months or with tremendous or with each, the court docket mentioned(Source: Shutterstock)

The court docket, nonetheless, held him responsible for giving false info to the police and sentenced him to 6 months of easy imprisonment

A 33-year-old man from Palghar in Maharashtra, who was arrested in 2016 on the cost of raping and killing a lady and remained in jail since then, has been acquitted of the costs by a neighborhood court docket that gave a profit of doubt to him for need of ample proof.

The court docket, nonetheless, held him responsible for giving false info to the police and sentenced him to 6 months of easy imprisonment. But since he has spent the final seven years in jail, he isn’t required to stay imprisoned any additional.

The accused, a tribal man from Wada taluka in Palghar, was acquitted by Additional Sessions Court Judge A N Sirsikar in Thane on January 16. The copy of the order was made obtainable on Friday.

The man, Sagar Waman Malavkar, is a labourer from Varai Khurd village.

Appearing for the prosecution, extra public prosecutor Rakhi Pande informed the court docket that the accused and the sufferer girl, who was 18 years outdated then, have been in a relationship. The girl had been asking him to marry her, though he was already married and had youngsters.

On March 26, 2016, he took the lady to an remoted place and raped her, the prosecution mentioned, including that after the incident, the sufferer went into a close-by forest space, and was later discovered useless. The subsequent day, Malavkar informed the personnel of Wada police station that the sufferer had dedicated suicide by hanging herself from a tree.

The police despatched the lady’s physique for autopsy and inspected the crime web site. They raised doubts over the person’s model that the sufferer had ended her personal life, as they discovered that the physique was introduced down, however the material used for hanging was nonetheless tied to the tree, the prosecution mentioned.

The post-mortem report later revealed the lady died of strangulation, following which the accused was arrested and booked below Indian Penal Code (IPC) sections 376 (rape), 302 (homicide) and 177 (furnishing false info). A neighborhood court docket had remanded him in jail.

In the order handed earlier this month, the periods court docket mentioned, “On perusal of info given by the accused to the police it seems that accused has given info that the lady dedicated suicide by hanging and he eliminated the useless physique and put it on the bottom with a view to affirm as as to whether she was alive.” “Considering the post-mortem report evidence, the prosecution witness and other facts of the case, it has been proven that the death was homicidal. It is therefore, proven that the accused gave false information to the public servant, that is police officer, and as such the offence under IPC section 177 has been proven against him,” the court docket mentioned.

The prosecution has confirmed that the demise of the lady was homicidal. However, it has did not show that the accused raped and murdered her. The prosecution has confirmed that the accused furnished false info to the police officer about her demise, it mentioned.

The prescribed punishment for the offence below part 177 of the IPC is straightforward imprisonment for a time period which can prolong to 6 months or with tremendous or with each, the court docket mentioned, including, “Considering the info of the case, if the accused is directed to undergo easy imprisonment for six months the identical can be simply and correct.” The accused has undergone detention from April 27, 2016 till date. Hence, he is entitled for set-off for the period of above detention, the court added.

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(This story has not been edited by News18 employees and is revealed from a syndicated information company feed)

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