Patna HC sets aside death sentence based on sniffer dog evidence – Times of India

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Patna: d Patna High Court has canceled the death sentence awarded to a person for the rape and murder of a minor girl by a certain Pocso Court of Bihar Arriya DistrictAs the conviction was based solely on the fact that a sniffer dog had entered the appellant’s house during the investigation.
Allowing the appeal of Amar Kumar On December 18, a Division Bench comprising Justices Ashutosh Kumar And Alok Kumar Pandey expressed his displeasure over the procedure of the trial conducted by the Pocso court. The bench remarked that the trial court had convicted the appellant without regard to the fundamental principles of criminal law.

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On August 5, 2019, the girl went to a fair in Forbesganj with her grandmother. His body was recovered the next day. The grandmother alleged that she was raped and killed.
A sniffer dog sniffed out the body and after going round the village entered Amar’s house and was arrested by the police.

During the hearing, Amar’s lawyer questioned the reliability of circumstantial evidence collected by a sniffer dog, whose expertise was not tested.
The court also found a serious flaw in the prosecution’s case, as the post-mortem report of the girl did not mention anything about rape or molestation, and acquitted the appellant.

Pocso,Patna High Court,spring,Ashutosh Kumar,Arriya District,Amar Kumar,Ammar

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