HC acquits three men in 2009 murder case of Delhi University student
New Delhi (PTI): The Delhi High Court has acquitted three men who were sentenced to life imprisonment by a trial court for murdering a Delhi University woman student in 2009.
The high court directed that the men, who were arrested in 2009, be released from jail forthwith.
The three men were arrested in the murder case of 21-year-old Nikita Singh, a Delhi University student who was shot on her forehead in September 2009 and later, her body was found in a polythene bag from a farmhouse in Mundka village here. The incident had taken place while she was returning home from college.
A bench of Justices Mukta Gupta and Anish Dayal said there was no evidence on the basis of which the three men can be proven guilty and set aside the trial court's judgement convicting them in 2020.
"On the basis of the discussion and analysis, this court finds that there is no evidence available on record, on the basis of which the appellants can be proven guilty beyond reasonable doubt for the murder of the deceased and therefore, the conviction and the order on sentence thereon passed by the trial court cannot be sustained and is set aside. The appellants are therefore acquitted and be released from custody forthwith," the bench said.
It allowed the appeals of Yashu, Vineet and Sunil Kumar, represented through senior advocate Pramod Kumar Dubey, challenging their conviction and sentence for the offence of murder under the Indian Penal Code and under the provision of the Arms Act.
The bench said there was no proof regarding the motive and the foundational facts and a mere statement of the victim's father that there was a family dispute with one of the accused regarding property, without any further corroboration, cannot be taken as credible.
"Even if prosecution witness 3 (victim's father) does mention regarding the property dispute, there is nothing in his statement to indicate that the dispute was simmering and had precipitated in any manner in the recent past to trigger murder of his daughter.
"Neither the deceased nor the prosecution witness 3 had received any threat.... Even the trial court observes in the impugned judgement that the exact motive was hazy and unclear," the high court said in its October 31 verdict.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
