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The Supreme Court today stayed an order passed by the Madhya Pradesh High Court giving a "clean acquittal" to a man accused of raping and murdering an 8-year old girl.

AAG Swarupama Chaturvedi appearing for Madhya Pradesh High Court before a bench led by Justice Abdul Nazeer informed Court that the High Court had gone totally wrong in acquitting the accused and pressed for a stay on the high court order, even though the trial court had awarded him with capital punishment.

An appeal filed by the state of Madhya Pradesh has challenged the judgment and order passed in the second round of appeal and reference under Section 366 CrPC whereby the High Court acquitted the respondent and directed the Investigating officer to be prosecuted for giving “false evidence”.

Originally, the Sessions Judge/Special Judge (POCSO), Vidisha had held Ravi Toli guilty for the rape and gruesome murder of the girl and sentenced him to capital punishment in 2019.

The Special Judge had convicted the accused under section 363, 366a, 364, 376 (2) (i), 376 (2) (j), 376 (2) (k) 302 and 201 IPC

In appeal by Toli and a reference under section 366 CrPC, the High Court noted that the investigating officer (PW-31) was examined in the absence of the accused, contrary to the provisions of Section 273 of CrPC and had thus, remanded the matter back to the trial Court to cause examination, cross-examination, and re-examination of the PW 31, in the presence of the accused and to pronounce the judgment afresh.

The trial court in compliance of the said order reiterated its findings and convictions.

This judgment was again challenged before the High Court under Section 366 and awarded a clean acquittal to the accused while disbelieving all the ocular and scientific evidence on record on assumption and presumption, the plea sates.

Moreover, the High Court has further directed for the prosecution of the prosecution witnesses for giving false evidence.

Case Title: State of Madhya Pradesh Vs. Ravi Toli