A division bench of justices Pradeep Nandrajog and Mukta Gupta set aside the life imprisonment awarded to Pawan Kumar and said his conviction cannot be upheld on the basis of single evidence, i.E statement of the child's mother.
"We can only conclude that the deceased was last seen with Pawan. However, his subsequent conduct is not compatible to his guilt.
The trial court had last year awarded life imprisonment to Pawan for murder and destruction of evidence.
He was acquitted by the trial court of the charges of rape and unnatural offence.
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Pawan had challenged the trial court judgement on the ground that he was not connected with the offence and nothing adverse could be inferred from his conduct.
On October 16, 2007, the victim went to play outside her house where Pawan was also present.
Later, Pawan informed the mother of the victim that the her daughter was missing, the prosecution said.
Following a search, the body of the victim was found in a white plastic bag in a vacant plot adjacent to their house. The girl died due to strangulation and head injury, it said.
On the basis of the mother's statement, Pawan was arrested.
When her daughter went missing, Pawan informed her and also took her on his scooter to search for the minor, she had said.
She said while riding the scooter, Pawan's hands were trembling and was also frightened.
The trial court had relied on the statement of the woman while convicting Pawan for the child's murder.