New Delhi, Dec 21 (PTI) A court here has convicted a man in a 2014 murder case, saying a video clip in which he could be seen slitting the woman's throat was direct evidence against him.
The court, however, acquitted him of the charge of rape, saying the prosecution could not prove that the physical relations between the accused and the victim were not consensual. It also held that the victim was not a minor.
Additional Sessions Judge Amit Sahrawat was hearing the case against Karan Singh who was booked at the Mahendra Park police station under sections related to rape, kidnapping and murder, besides the provisions of the Protection of Children from Sexual Offences (POCSO) Act.
According to the prosecution, Singh, along with a juvenile, kidnapped and murdered the woman and dumped her body in a canal on December 6, 2014.
In his disclosure statement, Singh said he killed the woman as she was not giving him attention, despite their relationship, and that he was helped by his juvenile friend, who had also shot a video of the incident.
In the verdict pronounced on Friday, the court said, "The video in which the accused could be seen slitting the throat of the deceased is direct evidence against the accused."
It noted that there were several circumstantial pieces of evidence against the accused, such as forensic reports, his disclosure statement and recovery of the body at his instance; the mobile phone having the video clip and the juvenile's school bag in which the alleged weapon of offence, a knife, was kept.
"When the circumstantial evidence is considered together (with the direct evidence), then they raise a presumption against the accused that he must have committed the murder, and that is why the place of the dead body was in his knowledge, while committing murder the deceased's blood fell upon his sweater, and the blood was present in the school bag of the child in conflict with law (CCL) because as per disclosure statement, the knife after the murder was kept in the school bag, and that is why the soil of spot was found in the clothes and shoes of accused," the court said.
It acquitted the accused of the charge of penetrative sexual assault under the POCSO Act, saying the prosecution was unable to prove that the deceased was a minor.
Regarding the charges of rape, the court acquitted the accused, giving him the benefit of doubt.
It said, "Prosecution has failed to prove that deceased was minor and in that situation the consent of the deceased for physical relations becomes material, and prosecution has failed to prove that physical relations were established by accused with victim forcibly or without her consent."
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