Nithari Serial Murder Case: Appeal of CBI, UP government and victim families dismissed, Supreme Court acquitted accused of Nithari murder case

Years

The bench said that no recovery made by the police without recording the statement of the accused is not acceptable as evidence under the evidence law. The bench said that only those seizures, which are only in the reach of the accused, can be accepted as evidence in the case based on circumstantial evidence. The apex court last year agreed to consider separate petitions including the petitions filed by the CBI and the Uttar Pradesh government, challenging the Allahabad High Court’s decision to acquit Koli on 16 October 2023. One of these petitions was filed by the father of one of the victims challenging the decision of the High Court.

The Supreme Court on Wednesday dismissed 14 appeals filed against the acquittal of Surendra Koli, accused in the 2006 sensational Nithari murder case. A bench of Chief Justice BR Gavai, Justice Satish Chandra Sharma and Vinod Chandran of Justice said that there was no distortion in the Allahabad High Court’s decision to acquit Koli. Citing Section 27 of the Evidence Act, the Chief Justice said that recovering the skulls and other items of the victims from the open drain was not done to the police after Koli’s statement.

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The bench said that no recovery made by the police without recording the statement of the accused is not acceptable as evidence under the evidence law. The bench said that only those seizures, which are only in the reach of the accused, can be accepted as evidence in the case based on circumstantial evidence. The apex court last year agreed to consider separate petitions including the petitions filed by the CBI and the Uttar Pradesh government, challenging the Allahabad High Court’s decision to acquit Koli on 16 October 2023. One of these petitions was filed by the father of one of the victims challenging the decision of the High Court.

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Moninder Singh Pandher and his domestic assistant Koli were accused of rape and murder of people from their neighborhood, especially children, especially children, in Nithari, Uttar Pradesh. Koli was sentenced to death by the lower court on September 28, 2010. The High Court acquitted Pandher and Koli in the case of death sentence and said that the prosecution failed to prove their crime beyond suspicion and described it as a failed investigation.

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