The order was passed by a Division Bench comprising Justice Yatindra Singh and Justice Surendra Singh on an appeal of Kanhaiya who was awarded death sentence by the sessions court of Bulandshahar on August 18, 2008.
Kanhaiya had been convicted for the rape and murder of a nine-year-old girl of his village whose body was found in a field on February 25, 2005.
As per the prosecution's case, the accused had also confessed to having committed the crime before the village pradhan.
However, the court struck down the lower court order, observing "all facts are not proved. The circumstances that are proved do not necessarily lead to the conclusion of guilt of the appellant. He is entitled to benefit of doubt".
The appellant "may be released unless detained in some other case", the court ordered.
(Published 28 July 2010, 15:00 IST)
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