The city police to approach the High Court (HC) challenging the judgment given by Mahila Sessions Court in the rape and murder of M. Himabindu (41). The court acquitted all the six accused citing lack of evidence.
Wife of a bank officer, Himabindu, was allegedly sexually assaulted by a taxi driver, Shaik Subhani, and five of his friends at her house at MTS Towers at Patamata on March 15, 2014. He body was recovered three days later from a canal in the city.
Patamata police rounded up six accused after a few days. State government has appointed Deputy Director of Prosecutions B. Ramakoteswara Rao, a Grade-1 Additional Public Prosecutor, to argue the case.
On July 28, Mahila Sessions Court judge G. Anupama Chakravarthy acquitted accused – Sk. Subhani, S. Gopi Krishna, V. Durga Prasad, J. Krishna. L. Ramana and Mohammad Ghouse. The judge commented that the prosecution had built up the investigation on circumstantial evidence only and that there was no direct evidence to prove that the arrested persons were guilty.
The court opined that the stolen property was planted by the police and the victim’s family lodged a complaint two days after the incident. The judge observed that there was no involvement of four of the accused as their semen samples were not found at the scene of offence and no external injuries were found on the victim’s body in the inquest report and acquitted the accused in the case, said Mr. Ramakoteswara Rao.
“We gave about 40 citations (judgements) of Supreme Court and High Court of similar cases to the Mahila Sessions Court,” the APP told The Hindu on Friday.
“The main accused, Subhani, used the SIM card of the victim in his mobile phone around 3.20 p.m. on March 15 last year and we produced the evidence. The accused had shown the place how and where they have hidden the body and threw it in Bandar canal later. The judge disbelieved all the evidences produced by the investigation officers and the prosecution. We provided evidence of the presence of the accused at the scene of offence and disappearance of the accused soon after the crime, which was not considered,” the prosecuting officer said.
When contacted Deputy Commissioner of Police (DCP-Law and Order) L. K. V. Ranga Rao said the police would file an appeal in the High Court and the government pleader would argue the case.
The DCP while expressing shock over the judgement of the Mahila Sessions Court said the police would provide all the evidence in the High Court and see that the culprits are punished.
The court acquitted the accused on the basis of news that was telecast in some electronic media channels which were not admissible before the law, says APP B. Ramakoteswara Rao
