Gujarat High Court Acquits Three Convicted of Gang Rape and Murder, Orders Immediate Release

Ahmedabad:
In a shocking turn of events, the Gujarat High Court has overturned a trial court verdict that had awarded the death penalty to three men convicted in a 2018 gang rape and murder case in Kheda district. Terming the prosecution’s case as insufficient, the High Court acquitted all three accused and ordered their immediate release.

The case pertained to the brutal gang rape and murder of a 35-year-old woman in October 2018, an incident that had sent shockwaves across the region. A sessions court in Kapadvanj had earlier described the crime as one of the “rarest of the rare” and, on April 29, 2022, sentenced the three accused to death.

A division bench comprising Justice I.J. Vora and Justice R.T. Vachhani set aside the conviction of Gopi alias Bhala Devipujak, Jayanti Vadi and Lala Vadi alias Kankudio, residents of villages near Kapadvanj town in Kheda district. The bench observed that the prosecution had failed to establish the complete chain of circumstances pointing conclusively to the guilt of the accused.

“The prosecution has not been able to prove its case beyond reasonable doubt. The entire chain of incriminating circumstances has neither been fully established nor proved,” the court said in its judgment.

Forensic Evidence Rejected

The trial court’s conviction was primarily based on forensic reports which claimed that blood and semen samples matched those of the accused. However, the High Court rejected the evidentiary value of these forensic reports, citing serious procedural lapses in the collection, preservation and dispatch of samples to the Forensic Science Laboratory (FSL).

The court noted that the samples were sent to the Ahmedabad FSL after an unexplained delay of 14 days, and there was no clarity on how or under what conditions they were preserved during this period. “Such unexplained delay and lack of proper documentation seriously undermine the reliability of the forensic evidence,” the bench observed.

Expressing concern, the High Court referred to Supreme Court observations and lamented that despite advances in forensic science, procedural negligence by doctors and investigating officers continues to weaken otherwise strong cases. “It is unfortunate that even when evidence is available, courts are compelled to discard it due to careless handling of sensitive material,” the bench remarked.

Medical and Confessional Evidence Discarded

The High Court also refused to rely on the testimony of doctors who had recorded the medical history related to the alleged offence, holding that such evidence was inadmissible. The bench noted that it was not the duty of doctors to record statements of the accused, particularly in the presence of police officers.

Additionally, the court rejected the prosecution’s reliance on an alleged extra-judicial confession, in which one of the accused was said to have admitted the crime before the victim’s nephew.

Background of the Case

According to the prosecution, the victim was abducted from Motijhar village and taken to Nirmali village in Kheda district, where she was gang raped and later strangled to death. Her body was subsequently found in a field, following which her brother lodged an FIR. Police filed a charge sheet against the three accused, leading to their conviction by the sessions court.

The Gujarat government had approached the High Court seeking confirmation of the death sentence, which is mandatory under law. The convicted men had also challenged the trial court’s verdict. After a detailed hearing, the High Court allowed the appeals and ordered the immediate release of the accused.

The verdict has once again reignited debate over investigative lapses and the handling of forensic and medical evidence in serious criminal cases, particularly those involving heinous crimes.