Daijiworld Media Network – Guwahati

Guwahati, Jun 18: The Gauhati High Court has acquitted a man who was sentenced to death in the 2018 rape and murder case of an 11-year-old girl in Assam's Nagaon district, holding that the prosecution failed to prove the charges beyond reasonable doubt.

A division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury set aside the conviction and death sentence awarded to Zakir Hussain by a Nagaon court in September 2018 and ordered his release from custody unless required in any other case.

The case relates to the death of an 11-year-old girl in Batadrava, Nagaon district, who suffered severe burn injuries after she was allegedly assaulted and set on fire on March 23, 2018. She later died while being shifted to Gauhati Medical College and Hospital.

The incident had triggered widespread outrage across Assam and led to demands for stringent action against those responsible.

As required under law, the death sentence imposed by the trial court was referred to the High Court for confirmation. Hussain's family had also challenged the conviction through a separate appeal.

After examining the evidence and hearing arguments from both sides, the High Court found several discrepancies in the prosecution's case, including issues relating to the victim's dying declaration and medical evidence.

The defence argued that medical reports did not support allegations of injuries to the victim's private parts and questioned the reliability of the dying declaration, citing inconsistencies in witness testimonies and the circumstances under which the statement was recorded.

The court also took note of submissions that key evidence had not been placed before the trial court.

Concluding that the prosecution had failed to establish guilt beyond reasonable doubt, the bench acquitted Hussain and set aside the trial court's verdict.

While Hussain was convicted as the principal accused by the trial court, five other adult accused were acquitted due to lack of evidence. Two juveniles accused in the case were tried separately under the Juvenile Justice Act and later sent to a correctional facility.