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Meghalaya High Court sets aside trial court’s judgement and order on life imprisonment

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Shillong, Oct 8: A judgement and order passed by a trial court which sentenced one Mehboob Ansari to life imprisonment allegedly for kidnapping and murdering a five year old boy, has been set aside by the Meghalaya High Court.

In its order passed on Monday, the Division Bench which comprised of Chief Justice, Mohammad Yaqoob Mir and Justice, S.R. Sen said, “Judgment and order impugned passed by the Trial Court are set aside. The accused is directed to be released forthwith.”

The trial court had passed its judgment on April 7, 2016 and order dated April 12, 2016 in which the accused has been sentenced to life imprisonment and asked to pay a fine of Rs 25,000.

The bench said, “the manner in which the matter has been handled by the investigating officer and Vivek Syiem, Additional Superintendent of Police (Crime) and other police officers/officials suffice to say, that it is quite deplorable. It appears that the learned trial court has been swayed by sentiments and in the process, has not appreciated the evidence properly.”

“We have no manner of any doubt about the fact that the actual criminal for the reason best known to the investigating agency has remained to be reached and brought to book. It is painful to notice a horrific murder wherein, a boy of 5 years of age has been killed and then his dead body kept between two branches of a tree, absolutely inhuman act.”

The High Court also expressed dismay that the investigating agency has not shown their skill while investigating the case. The prosecutor who was conducting the prosecution before the Trial Court too has shown negligence by not producing important witnesses in particular Md. Thankir Alam Ansari, the bench added.

The bench also stressed that policing should be improved and strengthened. “Investigation of such heinous cases shall invariably be got conducted through a senior police officer not below the rank of Deputy Superintendent of Police,” it stated.

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