A special court operating under the stringent Protection of Children from Sexual Offences (POCSO) Act in Ayodhya delivered a significant verdict on Thursday, convicting 21-year-old Raju Khan for the heinous crime of raping a 14-year-old minor girl and causing her pregnancy. In a parallel development, the court acquitted co-accused Moeed Ahmad, a 65-year-old former Samajwadi Party functionary, citing insufficient evidence to prove his involvement in the offence.
Court's Rationale for Acquittal and Conviction
The special judge, Nirupama Vikram, presiding over the POCSO case, stated clearly that the commission of any offence by accused Moeed Ahmad against the young survivor was not established beyond reasonable doubt. Consequently, Moeed Ahmad was entitled to be acquitted in this particular case. However, the court emphasized that the prosecution successfully proved Raju Khan's guilt through compelling medical and DNA evidence, leaving no room for doubt regarding his culpability.
Detailed Sentencing for the Convict
Special judge Nirupama Vikram pronounced the judgment and sentenced convict Raju Khan to 20 years of rigorous imprisonment. Additionally, the court imposed a substantial fine of Rs 50,000 on Khan. He was held guilty under the severe provisions of IPC section 376(3), which deals specifically with the rape of a woman under 16 years of age, and section 6 of the POCSO Act. The court also ruled that the period Khan has already spent in jail custody will be duly set off against his total sentence.
Legal Status of the Acquitted Accused
Despite his acquittal in this POCSO case, Moeed Ahmad will continue to remain incarcerated as he is named in a separate Gangsters Act case. His bail application is currently pending before the high court, prolonging his detention. Ayodhya police records reveal a troubling criminal history for Moeed Ahmad, stretching back more than a decade. He faces seven serious cases, including charges of murder, rioting, gang-related offences, and cheating, painting a picture of prolonged legal entanglements.
Background of the Case and Arrests
Moeed Ahmad, who previously served as a Samajwadi Party functionary, and his house help, Raju Khan, were both arrested on July 30, 2024. The survivor was employed as a daily wager at Khan's residence when her family lodged a First Information Report (FIR) accusing both men of gang rape. The family alleged that the minor girl was subjected to gang rape by Khan and Ahmad over a distressing period of more than two months. Following a thorough investigation, the police filed a chargesheet under serious charges including gang rape, criminal intimidation, and relevant sections of the POCSO Act, 2012.
Charges and Immediate Release Order
The court acquitted Moeed Ahmad of all charges pressed against him, which included sections 376DA and 506 of the Indian Penal Code, along with pertinent provisions of the POCSO Act. The court ordered his immediate release upon furnishing the necessary bonds. In contrast, the conviction of Raju Khan underscores the court's commitment to delivering justice in cases involving sexual offences against minors.
Prosecution's Response and Future Steps
Special Public Prosecutor (POCSO) Vinod Upadhyay informed that the prosecution team plans to challenge the acquittal order in the High Court. This indicates that the legal battle may continue as the prosecution seeks to revisit the evidence and arguments pertaining to Moeed Ahmad's alleged involvement. The case highlights the complexities and challenges in prosecuting sexual offence cases, especially when dealing with multiple accused and stringent evidentiary standards.
