The bench, in its 84-page judgment, said, “In view of Section 53A of CrPC and the judgments referred to… Especially when the case of murder is also involved because if the offender is acquitted only because of such lapse in the investigation, then the object of criminal justice itself will become victim.’ It noted that even if there has been any such lapse in the investigation in this case, it is the duty of the court to consider whether the material and evidence available before it is sufficient and sufficient to prove the case of the prosecution. are solid.
The appellant was the cousin of the mother of the deceased girl and the incident took place in Gwalior district in September 2014. The bench, in its judgment, observed that it was clear from the grievous injuries that the appellant had tortured the girl in a “devil and gruesome manner”. The bench said that the trial court considered the question of punishment and pronounced its judgment on the same day the appellant was convicted.
It said that the appellant was 25 years old at the time of the offense having no criminal record and hailing from poor socio-economic background and having impeccable conduct inside the jail. “Therefore, keeping in view the above aspects, we do not see any reason to deny the possibility of reform and rehabilitation of the appellant,” the bench said.