February 25, 2017 4:29:50 am
A special fast track court in the capital, which had acquitted all nine accused in the 2009 Noida gangrape of an MBA student, has stated that the case against the accused could not be proved because the investigating officer “left no stone unturned to make the case impossible to prove”.
Additional Sessions Judge Shail Jain called it a “classic case of a botched up” probe. On February 16, the court had acquitted all nine accused for lack of evidence. A tenth accused had died during the trial, while separate proceedings are going on against a juvenile accused in the case. All nine accused were out on bail. The judge has also ordered that a copy of his order be sent to SSP Noida for proper action against the investigating officer (IO), inspector Anil Samaniya, who, according to the judge, did not conduct a proper test identification parade.
The court stated in its order that it has accepted the defence argument that since the heinous act took place in the dark, it cannot rely upon victim’s identification of the accused during the probe, as the investigating officer has not been able to bring forward any material evidence to contradict this.
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“Due to the negligent, casual and unprofessional investigation conducted by the IO, real culprits of the case could not be identified, arrested or subjected to administration of justice,” said the judge.
The case was transferred to the Tis Hazari court from Noida by the order of the Supreme Court after the victim’s male friend approached it, fearing a threat to his life and alleging that he was facing pressure to withdraw the case. The victim has since moved out of the country.
According to the prosecution, the incident took place on January 5, 2009, when the girl and her male friend were returning from Noida’s Great India Place Mall in their car, which was forcefully stopped by a group of young men. They abducted the duo and took them to a secluded spot in a village named Garhi Chaukhandi, where they gangraped her and also robbed her.
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