Delhi HC agrees to hear appeal against acquittal in minor's murder and sexual assault case

New Delhi [India], November 15 (ANI): The Delhi High Court on Saturday agreed to hear the Delhi Police's appeal against the acquittal of 2 accused of murder and sexual assault of a minor girl who was allegedly shot dead in a luxury car in the Najafgarh area in 2016. The trial court had called the case a false one.
Though the FIR was lodged in sections of murder, the trial judge at Dwarka court had found it a case of suicide and had acquitted the accused persons in 2019.
A charge sheet was filed under sections of murder, Arms Act, etc. The supplementary charge sheet had alleged the sexual assault too. The Division bench of Justices Vivek Chaudhary and Manoj Jain has agreed to hear the appeal and listed the matter for hearing in December.
The High Court has also directed the accused persons to furnish bail bonds of Rs 25,000 each before the Joint Registrar. While allowing the petition for leave to appeal, it condoned the 551-day delay.
The division bench said, "Indubitably, in such a type of murder appeals, it is imperative to have, at least, one judicial scrutiny. It happens to be the first appeal, and such a right cannot be permitted to be crucified on the altar of technicalities."
"Having heard the learned counsel and on perusal of forensic evidence and testimony of material witnesses, it cannot be said that there is no prima facie case or arguable issue raised in the present appeal," the High Court said on November 11.
It pointed out, "Whether it was, actually, a case of suicide or homicide would become clearer when we appraise evidence in detail and hear final arguments on the merits of the appeal."
Additional Public Prosecutor (APP) Ritesh Bahri appeared for the State and argued the leave to appeal. This case pertains to an incident that occurred on December 20, 2016. At about 9.25 PM, police received information from Ayushman Hospital, Dwarka, that a girl (S) had been "brought dead" at their hospital and that her death was due to a suspected gunshot injury.
The police team reached the hospital, where they met the mother of "S" and one of the accused, Yogesh Bhardwaj alias Sonu. "N" (friend of S) was also present at the hospital.
An FIR was registered based on a statement made by the mother of the deceased the next morning. Both accused, namely Yogesh Bhardwaj alias Sonu and Shubham Gupta, were arrested and charge sheeted for the commission of offences under Sections 302/363/34 IPC, 25/27/30 Arms Act and 77 Juvenile Justice Act, 2015.
The High Court mentioned in the order that blood and semen samples of both the accused had been collected and sent to the forensic laboratory for DNA profiling to assess whether those matched with the DNA profile generated from the vaginal swab and other swabs of the deceased.
"FSL report revealed that the minor was sexually exploited by both the accused and, therefore, a supplementary charge-sheet under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 was also filed," the High Court noted.
During the investigation, it was found that on 20.12.2016, the accused Shubham and Yogesh Bhardwaj took the deceased minor alongwith them in a luxury car. They all took drinks and smoked Hookah.
It was alleged in the charge sheet that the minor's mother called her, and she replied that she was with 'N'. Thereafter, she received repeated calls from N, which annoyed Shubham Gupta.
Shubham asked Yogesh Bhardwaj to take the car home. On the way to the minor's house, they met her brother and 'N' on Scooty. 'N' asked her where she was for the whole day. Thereafter, her brother and 'N' went away, and the car also followed them, the charge stated.
It was further stated that N and the brother of the minor stopped at the crossing near her house. Mercedes also stopped at the intersection. Shubham and Yogesh Bhardwaj alighted from the car and started talking with N.
Shubham started arguing loudly with him, after which Yogesh Bhardwaj advised Shubham to address the root cause of the argument and also handed over his pistol to him.
Thereafter, Shubham went to the car, opened the left side door of the vehicle and shot S, who was sitting in the rear seat of the car and fled away from the scene of the crime. Both accused persons, namely Shubham and Yogesh Bhardwaj, connived with each other and murdered 'S', the police had alleged.
Trial Court, holding death to be suicidal in nature, acquitted both the accused of offences under Sections 302/363/34 IPC
4 POCSO Act and Section 77 Juvenile Justice Act, 2015, read with Section 34 IPC.
Trial Court had observed that there was gross misconduct on the part of the investigating agency as the police, in a malicious manner, converted a case of suicide into that of murder and thereby falsely implicated the accused persons. (ANI)