Gujarat HC Acquits Three Men on Death Row in 2018 Gang Rape and Murder Case
Gujarat HC Acquits Three in 2018 Gang Rape-Murder Case

The Gujarat High Court has overturned the convictions of three men who were on death row for the gang rape and murder of a 35-year-old married woman in Kheda district back in 2018. The court ordered their immediate release from custody.

Court Cites Lack of Proof Beyond Reasonable Doubt

A bench comprising Justice I J Vora and Justice R T Vachhani delivered the verdict on Tuesday. The judges stated clearly that the prosecution failed to prove its case against the accused beyond a reasonable doubt.

The court observed that the complete chain of incriminating circumstances pointing towards the guilt of the accused was neither properly established nor proved during the trial.

Forensic Evidence Deemed Unreliable Due to Delays

Forensic analysis had initially shown that blood and semen samples collected from the crime scene matched the three accused men. This forensic match formed a key basis for the original conviction by the trial court.

However, the High Court strongly disapproved of the evidentiary value of these forensic reports. The judges highlighted significant non-compliance with mandatory procedures for collecting, preserving, and forwarding the samples to the Forensic Science Laboratory in Ahmedabad.

The court noted a critical delay of fourteen days before the samples reached the laboratory. This delay remained completely unexplained in the records. Furthermore, the conditions under which the sensitive samples were preserved during this two-week period were not documented at all.

Procedural Lapses Undermine Case Despite Available Evidence

The High Court lamented the serious procedural lapses that ultimately led to the acquittal. The judges pointed out that such lapses occur despite significant advancements in forensic technology available today.

In its ruling, the court cited observations from the Supreme Court of India. The apex court has previously noted that it is unfortunate cases still exist where available evidence must be rejected because doctors or investigators handled sensitive evidence carelessly.

Background of the 2018 Crime

The case dates back to October 2018. The victim, a married woman, was allegedly kidnapped from Motijher village in Kheda district. She was then taken to Nirmali village within the same district.

Authorities accused the three men of gang-raping the woman and subsequently strangling her to death. Her body was later discovered dumped on a farm. Following this grim discovery, the victim's brother filed a First Information Report with the police.

Police investigated the case and filed a chargesheet against three individuals. The accused men are Gopi alias Bhala Devipujak, Jayanti Vadi, and Lala Vadi alias Kankudiyo. All three are residents of villages located near Kapadvanj town in Kheda district.

Trial Court's "Rarest of Rare" Designation and Death Sentence

A sessions court in Kapadvanj heard the case and delivered its verdict on April 29, 2022. The court convicted all three accused men for the horrific crime.

Treating the offence as falling under the "rarest of rare" category, the trial court sentenced all three convicts to death. In India, a death sentence awarded by a trial court requires mandatory confirmation by the High Court.

The state government subsequently approached the Gujarat High Court seeking confirmation of this capital punishment. Simultaneously, the convicted men challenged the trial court's verdict through their own appeals.

High Court's Scrutiny of Other Evidence

During the appeal hearings, the High Court bench also scrutinized other pieces of evidence presented by the prosecution.

The court refused to rely on evidence provided by doctors who recorded the medical history related to the alleged offence. The judges held that such evidence was not admissible in this context.

The court observed that it is not a doctor's role to record statements of the accused while collecting medical samples, especially when police officials are present during the procedure.

Furthermore, the High Court declined to accept an alleged extra-judicial confession. Prosecutors claimed one of the accused had confessed to the victim's nephew, but the court found this evidence unconvincing and insufficient for upholding a conviction.

With the prosecution's case crumbling under scrutiny due to procedural failures and unreliable evidence, the Gujarat High Court had no choice but to acquit the three men and order their release from prison.