2 days ago
Allahabad High Court Acquits Woman in Three-Children Death Case
A woman named Priyanka and a man named Ashish were accused of causing the deaths of three children.
A lower court had sentenced Priyanka to death and Ashish to life in prison.
The case involved four children, but the oldest child survived.
The prosecution relied heavily on what the surviving child said.
The High Court said the child’s account had serious contradictions and signs of coaching.
The judges also said other important evidence was not properly presented.
They found problems with the first informant’s testimony and with the investigation.
Because of these doubts, the court acquitted both accused and ordered their release unless they were wanted in another case.
The Allahabad High Court acquitted Priyanka, who had received a death sentence, and co-accused Ashish, who had been sentenced to life imprisonment.
The case involved the deaths of three children whose bodies were recovered from the Sengur river in Auraiya on June 27, 2024.
The prosecution alleged that Priyanka and Ashish took four children to a bridge and attempted to drown them, but the eldest child survived.
The court found the surviving eight-year-old child witness’s testimony irreconcilably contradictory, uncorroborated and showing signs of tutoring.
The bench cited missing best evidence, an unreliable first informant and investigative lapses before granting both accused the benefit of doubt.
- Who
- Priyanka, co-accused Ashish, the three deceased children, and the Allahabad High Court bench of Justices Siddhartha Varma and Jai Krishna Upadhyay.
- What
- The High Court overturned the convictions and acquitted both accused in a case involving the alleged drowning of three children.
- Where
- The case concerned the Sengur river in Auraiya and was decided by the Allahabad High Court.
- When
- The children’s bodies were recovered on June 27, 2024; the judgment was reported as delivered on September 22, while another report described the hearing as occurring on Tuesday. The year of the judgment is not specified.
- Why
- The court found serious problems with the surviving child witness’s testimony, the first informant’s evidence, the production of evidence and the investigation.
Trial Court Conviction
High Court Acquittal
Assessment of the child witness
Trial Court Conviction
The trial court convicted Priyanka and Ashish, resulting in a death sentence for Priyanka and life imprisonment for Ashish.
High Court Acquittal
The High Court said the surviving child witness’s testimony was uncorroborated, contradictory and showed clear signs of tutoring.
Reliability of the prosecution case
Trial Court Conviction
The lower court’s judgment accepted the prosecution case that the accused were responsible for the children’s deaths.
High Court Acquittal
The High Court found the first informant’s deposition unreliable and cited a failure to produce the best available evidence.
Investigation and standard of proof
Trial Court Conviction
The trial court’s convictions led to severe sentences under the prosecution’s case, including a sentence under Section 302 of the Indian Penal Code.
High Court Acquittal
The High Court held that the prosecution had not proved guilt beyond reasonable doubt and granted both accused the benefit of doubt.
Key facts
- Court
- Allahabad High Court
- Bench
- Justices Siddhartha Varma and Jai Krishna Upadhyay
- Accused
- Priyanka and Ashish alias Daini
- Original sentences
- Priyanka received a death sentence and Ashish received life imprisonment from the trial court.
- Children involved
- Madhav, aged 6; Aditya, aged 5; Mangal, aged 4; and their surviving elder brother Sonu.
- Location and date of recovery
- The three bodies were recovered from the Sengur river in Auraiya on June 27, 2024.
- High Court findings
- The court cited irreconcilable contradictions and signs of tutoring in the child witness’s testimony, along with missing best evidence and investigative lapses.
- Outcome
- Both accused were acquitted and directed to be released if not wanted in another case.
Quotes
Allahabad High Court bench
A bench comprising Justices Siddhartha Varma and Jai Krishna Upadhyay
“Therefore, the Court is inclined to grant benefit of doubt to the accused appellants on the ground of rule of caution.”
indianexpress.com
Sources
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