Court cites ‘shabby’ probe by cops, acquits rape-and-murder convict

CHENNAI: The Madras High Court on Thursday acquitted a 25-year-old who was sentenced to death by a trial for the rape and murder of a minor girl near Chengalpet in 2019. The court acquitted him from all charges on the grounds that the police conducted a “shabby” investigation. The court also directed the State government to conduct an inquiry into the lapses in the investigation and take action against those responsible.

According to the prosecution, L Ashok Kumar raped and murdered a 13-year-old on July 23, 2017. On February 15, 2019, the Chengalpet Mahila court convicted and sentenced him to death. Kumar, who was an acquaintance of the girl’s family, allegedly barged into her house when she was alone, gagged and raped her. Aggrieved, Kumar moved the present appeal for the High Court to confirm the death sentence.

A division bench comprising Justices PN Prakash and V Sivagnanam observed that the DNA result showed that the blood samples were of a male and categorically stated that they were not of the accused. The bench noted that the DNA sample profiling was done in the case but was never marked during the trial. The DNA profiling was done on the blood samples collected from the scene of the crime, particularly near the private parts of the deceased.

The second DNA profiling was done on the blood samples from a T-shirt and pair of jeans allegedly worn by the accused during the crime. The result concluded that the samples are of a female. But no test was done to ascertain whether it belonged to the deceased. The court also ruled that the prosecution failed to prove the case with substantial evidence since the case was based on circumstantial evidence.

“This court is saddened to note that the investigation of the case of the murder of a young girl has been done very shabbily. Therefore, we direct the State government to conduct an inquiry with regard to the lapses in the investigation and take suitable action against those responsible for the lapses,” the bench observed. It added that since it is unable to confirm the conviction of the accused for rape and murder, it ordered the immediate release of Kumar.

Court orders Rs 5L relief
The Madras High Court also ordered payment of Rs 5 lakh as compensation to the family of the deceased by the State