Srinagar: The Jammu and Kashmir has upheld acquittal of man who was accused of killing his daughter at Doda in 2006.
Dismissing state’s appeal against the acquittal Walia Butt, a division bench of Justices Alok Aradhe and Tashi Rabstan held that extra judicial confession, on which the prosecution had placed reliance , was not permissible in terms of section 25 of the Evidence Act.
As per the prosecution, Police Station Doda received information that in the intervening night of 24/25 July 2006 some unknown person killed Mst. Zahida Banu daughter of Walia Butt in the cattle shed of her residential house.
On the basis of the information, First Information Report was registered and during the course of investigation, police said Walia Butt made extra judicial confession that he killed his daughter with a sharp edged weapon (Churi) on at about 10.30 p.m on 24 july 2006 in the cattle shed of his residential house and left body there.
“Thereafter, he left to his room and slept there and in the morning, i. e, on 25 July 2006 at 10 a.m. he himself disclosed the incident to the police personnel that he has killed his daughter by slitting her throat and the body is lying in the Cattle shed. The Police after completion of the investigation filed the charge sheet against Butt,” the prosecution said. The charge sheet culminated into the trial and the sessions’ court acquitted him.
“Extra judicial confession on which the prosecution has placed reliance is not permissible in terms of section 25 of the Evidence Act, the high court said, adding , “There is not an iota of evidence on record to show that at the time of incident, (Butt) and the deceased were present in the house. The prosecution has failed to complete the chain of circumstantial evidence and to bring home the guilt of (Butt). The trial court has rightly appreciated the evidence available on record and acquitted the respondent of the offence alleged against them.”
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