The Supreme Court has acquitted a man from Uttar Pradesh, Chotkau, who had been sentenced to death by both the sessions court and the Allahabad High Court for the 2012 rape and murder of a six-year-old girl. After spending 10 years in jail, the three-judge bench freed him on September 28, citing a complete lack of evidence.
The bench, comprising Justices S Abdul Nazeer, AS Bopanna, and V Ramasubramanian, criticized the police for their careless and improper investigation, as well as the sessions court and Allahabad High Court for sentencing Chotkau to death without substantial evidence.
While acknowledging the heinous nature of the crime, the bench stated that the prosecution had unjustly declared Chotkau guilty without any evidence that could withstand scrutiny. “A court cannot make someone a victim of injustice to compensate for the injustice to the victim of a crime,” the justices noted.
Chotkau, from Shravasti district, maintained his innocence, claiming he was framed by the village head’s husband, a relative, in a plot to seize his mother’s property. Due to his poverty, Chotkau couldn’t afford a lawyer during the trial. It was only after multiple requests that the trial judge appointed a lawyer to assist the court as amicus curiae.
In March 2014, the trial court sentenced Chotkau to death, and the Allahabad High Court confirmed this verdict in April 2016. His case caught the attention of retired High Court judge S Nagamuthu, who argued on his behalf in the Supreme Court, exposing several contradictions in the prosecution’s case.
The Supreme Court identified numerous discrepancies, including conflicting witness statements about the FIR, location of the body, inquest site, and the victim’s clothing. The prosecution’s failure to produce substantial evidence created significant doubts about the case. The court noted that the lower courts had overlooked these critical contradictions, incorrectly asserting an unbroken chain of circumstances.
The bench concluded that the evidence did not establish Chotkau’s guilt beyond a reasonable doubt. Consequently, they set aside his imprisonment and death sentence, ordering his immediate release.
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