In a significant legal development, the police in Ayodhya have decided to challenge the recent acquittal of Samajwadi Party leader Moid Khan in a high-profile 2024 rape case involving a minor. This decision comes just days after a special court in Ayodhya cleared the 72-year-old bakery owner of all charges, while convicting his servant, Raju Khan, and sentencing him to 20 years of rigorous imprisonment.
Prosecution Prepares Appeal Against Acquittal
Subhash Tripathi, the District Government Counsel in Ayodhya, confirmed that the prosecution department is actively preparing an appeal to be filed in the Allahabad High Court. The appeal will first be forwarded to the state government through the District Magistrate for necessary approval before submission to the higher court. Tripathi emphasized that the prosecution has identified sufficient grounds for challenging the acquittal, including what they describe as lapses in the police investigation.
Dual Legal Strategy: Challenging Acquittal and Seeking Enhanced Sentence
The prosecution's legal strategy involves two key components. Firstly, they will challenge Moid Khan's acquittal, arguing that the evidence presented during the trial warrants reconsideration. Secondly, they propose to seek enhancement of the 20-year sentence awarded to Raju Khan, suggesting that the gravity of the crimes merits stricter punishment.
The prosecution has already applied for a certified copy of the judgment and plans to examine it in detail before finalizing their appeal. This careful review process underscores the seriousness with which authorities are approaching this case.
Background of the 2024 Case
The case dates back to July 2024 when Moid Khan and Raju Khan were booked on multiple serious charges. According to the prosecution, the accused faced allegations of:
- Sexually assaulting a minor girl
- Recording the criminal act on a mobile phone
- Causing the victim's pregnancy through repeated exploitation
Both individuals were promptly arrested and remanded to judicial custody following the registration of the case. The complaint originated from the victim's father, who alleged that Raju Khan took his 12-year-old daughter to Moid Khan's bakery where the initial assault occurred.
Investigation and Trial Proceedings
During the investigation, several critical developments unfolded:
- The victim was taken to a hospital complaining of abdominal pain, where medical examination revealed she was nearly two months pregnant
- The victim underwent medical termination of pregnancy following legal procedures
- DNA profiling of the aborted foetus was conducted, which matched Raju Khan's DNA but did not match Moid Khan's
- The district administration demolished Moid Khan's bakery, citing illegal construction on a pond
The trial itself involved examination of 13 prosecution witnesses. On January 28, the special court convicted Raju Khan under rape charges and provisions of the Protection of Children from Sexual Offences (POCSO) Act, while acquitting Moid Khan by extending him the benefit of doubt. The following day, the court pronounced the 20-year rigorous imprisonment sentence for Raju Khan.
Political Dimensions and Reactions
The case has taken on significant political dimensions in Uttar Pradesh. Parasnath Yadav, Samajwadi Party's Ayodhya district president, claimed that Moid Khan has been falsely implicated in what he described as a politically motivated case. Yadav alleged that the timing of the case was designed to influence the atmosphere during the Milkipur by-election and demanded an apology from the BJP and the Chief Minister.
Adding to the political controversy, Samajwadi Party national president Akhilesh Yadav posted on social media platform X about the demolition of Moid Khan's bakery, criticizing what he called the BJP government's "bulldozer justice" and alleging systematic injustice under the current administration.
Current Status and Future Proceedings
Moid Khan, who holds the post of city president in the Samajwadi Party, remains lodged in jail in connection with another unrelated case. The prosecution's decision to appeal his acquittal in the rape case ensures that this legal battle will continue in the Allahabad High Court.
As the prosecution prepares its appeal, legal experts anticipate that the High Court's examination of this case will be closely watched, given its sensitive nature involving a minor victim, political figures, and serious criminal allegations. The appeal process represents the next chapter in a case that has already seen dramatic developments from initial allegations through trial and now to potential appellate review.