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This is an archive article published on July 26, 2013

Kanda rape case cant be sustained,says HC

Observing that the sessions court had unjustly admitted a confessional statement as evidence and fell into gross error, the Delhi High Court

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Observing that the sessions court had unjustly admitted a confessional statement as evidence and fell into gross error, the Delhi High Court said on Thursday that charges of rape and unnatural offences against Haryana MLA Gopal Goyal Kanda and his co-accused employee Aruna Chadha in the air hostess suicide case cannot be sustained.

The learned ASJ fell into gross error in framing the charge under Sections 376/377 against the co-accused GGK which cannot be sustained. Since no charge against co-accused under these sections could have been framed,the petitioner could not have been guilty of abetting these offences, said the court of Justice G P Mittal.

The High Court order came on a plea by Aruna Chadha against charges framed against her for abetment of rape,unnatural offences and other charges.

In his May 10 order district and sessions judge S K Sarvaria had pulled up the police for failing to look into allegations of sexual exploitation of the deceased air hostess,and had framed charges on the basis of the post mortem report.

 

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