The lucknow Bench of Allahabad High Court on Monday acquitted Former Cabinet Minister of BSP Government, Anand Sen Yadav and Seema Azad in much high profiled Shashi Murder case.
While acquitting the duo, the bench comprising Justice Rajeev Sharma and Justice DK Arora convicted the third accused Vijay Sen Yadav for rigorous imprisonment of 10 years with a fine of Rs 10,000.
The aforesaid orders was passed in criminal appeals filed by Seema Azad, Anand Sen Yadav and Vijay Sen Yadav in pursuance of the convictions preferred against them by the sessions court Faizabad on May 17, 2011.
Taking the holistic view and totality of the circumstances of the case, the court was of the decisive opinion that the trial Court has erred in drawing the conclusion that all the three accused are involved in the alleged crime in the manner as alleged. During the course of arguments the appellants Anand Sen and Seema Azad are not held guilty of any offence as the prosecution has failed to prove their involvement in the alleged crime. The case in hand is totally based on circumstantial evidence and it would not be safe to convict Anand Sen and Seema Azad, even under Section 120-B IPC in absence of clinching and tangible evidence to complete the chain of events as required under law.
In view of the arguments, the court hold that prosecution has failed to establish the guilt of the accused Seema Azad and Anand Sen Yadav beyond all shadow of doubts. Both the accused are entitled for the benefit of doubt.
Accordingly, appeals of Seema Azad and Anand Sen Yadav are allowed and their conviction is set aside. They shall be released forthwith unless wanted in any other case. Sureties are discharged.
Earlier, draped in brevity, the prosecution case was that written information was given by complainant, father of deceased Shashi, Yogendra Prasad on October 23, 2007 at Ayodhya Police Station stating that his daughter Shashi, aged 24 years was a student of llB III year in Saket PG College, Ayodhya. On account of Dussehra holidays, though the college was closed but on October 22, 2007, at about 9 am, she has gone to the Allahabad Bank, situated in College building, for withdrawal of money but she did not reach house and her whereabouts are not known.
October 31, 2007 again Yogendra Prasad gave information in writing to Police that he belongs to Scheduled Caste and he has come to know that Vijay Sen Yadav, who drives the car of Minister, Anand Sen Yadav has enticed away his daughter on the pretext of providing her job with the help of Seema Azad, who lives in Faizabad. Vijay Sen Yadav used to visit his house earlier and had introduced himself to be relative of the Minister.