By Astha Bhumish Shah 

In a reference sent by the Additional Sessions Judge under Section 366 of the Code of Criminal Procedure, 1973, for affirmation of a sentence of death awarded by the Court against the Appellant under Section 376, 302 of the Indian Penal Code, 1860 and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’), the Uttarakhand High Court allowed the appeal of accused for a rape and murder case of 15-year-old girl due to the absence of semen and his doubtful role. The facts of the alleged incident are that the deceased’s body was found to be hanging from a tree and she was last seen with the Appellant on a bike and had not returned home after that. The Court held that one, the DNA report cannot be made the basis for conviction, the absence of the semen in the leggings when the dead body was recovered makes it more doubtful that the victim had been raped. Considering the facts and evidence presented, the Court noted that if the accused had indeed committed the alleged offence, he would not have carried the body on his bike and thereafter hung it on the tree where it would have been publicly visible especially considering the injuries he had suffered. Accordingly, the accused was acquitted and ordered to be released from judicial custody. (State of Uttarakhand v. Mohd. Azhar@Antee – Criminal Reference No . 06 of 2018) 

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