Delivering the judgment, the court observed, “In the present case, we find that the prosecution evidence has failed to prove the incriminating circumstances of the deceased being last seen alive with the appellant and the recovery beyond the pale of doubt, and there is no medical / forensic evidence to demonstrate that there was presence of semen or blood stain of the appellant on the clothes of the deceased or on her body.”The court held that all orifices and organs of the body of the victim were missing and there was nothing to incriminate the accused for rape except the confessional statement made by him before police which is not admissible.Unfortunately, the trial court failed to test the reliability and credibility of the prosecution evidence and has accepted the prosecution evidence as gospel truth, which is not the requirement of law, the court stated.The court was hearing an appeal filed by Nazil, convicted by a trial court on December 13, 2019, and awarded capital punishment for allegedly raping a minor and murdering her.
Source link
