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Wrongly Convicted Database Record
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Charge: |
Abortion resulting in death |
Sentence: |
2 yrs & Rs 20k fine |
Years Imprisoned: |
2 |
Year Crime: |
2003 |
Year Convicted: |
2013 |
Year Cleared: |
2013 |
U.S. State or Country of Crime: |
India |
County or Region of Crime: |
Jammu and Kashmir |
City of Crime: |
Srinagar |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Ghulam Nabi Bhat, Mohammad Altaf Hajam, Mohammad Ashraf Bhat, Reyaz Ahmad Dar, and Mst. Safia (a middle aged woman) were codefendants wrongly convicted on February 23, 2013 of conducting an illegal “abortion at advanced stage of pregnancy” which led to the death of a woman at a clinic in Srinagar, India on February 21, 2003. After they were convicted, Dr Ghulam Nabi Bhat of Gopalpora (Budgam) and Mohammad Altaf Hajam of Nowgam were sentenced to ten years rigorous imprisonment with a fine of Rs 20,000 and Rs 30,000. In case of default of fine, the court said, the duo shall undergo further imprisonment of six months. Ghulam Bhat's brother, Mohammad Ashraf Bhat of Bomai (Sopore), was sentenced to five years in jail with a fine of Rs 20,000, while two other convicted persons—Reyaz Ahmad Dar of Baghat Barzulla and Safia—were sentenced to the period which they have already served in jail following their arrest by police in connection with the 2003 crime. However, the court awarded a fine of Rs 50,000 and Rs 20,000 on Bhat and Safia with the direction that they should undergo a simple imprisonment of one year and six months respectively in case of non-payment of the fine. The sentencing judge ordered that any fines paid were to go to the family of the dead woman. In December 2017 the Jammu and Kashmir High Court set-aside the convictions of all five co-defendants and ordered their acquittal based on insufficient evidence to prove their guilt beyond a reasonable doubt. A division bench of Justices Mohammad Yaqoob Mir and Ali Mohammad Magrey ruled: “The whole prosecution case is shrouded in mystery, confusion worst confounded, chain of links totally broken, therefore, on such type of circumstantial evidence, we are not persuaded to hold that the accused are guilty." The justices observed the trial judge's judgment appears to have been swayed by the gruesome crime, and “In the process has erred in appreciating the evidence.” The justices concluded: “In our view, evidence has been totally mis-appreciated. Total doubtful position of the prosecution case inspires confidence that the guilt against the accused is not proved. Thus the judgment passed by the trial court is unsustainable.”" |
Conviction Caused By: |
Trial judge's judgment impaired by gruesome crime. |
Innocence Proved By: |
"In December 2017 the Jammu and Kashmir High Court set-aside the convictions of all five co-defendants and ordered their acquittal based on insufficient evidence to prove their guilt beyond a reasonable doubt. A division bench of Justices Mohammad Yaqoob Mir and Ali Mohammad Magrey ruled: “The whole prosecution case is shrouded in mystery, confusion worst confounded, chain of links totally broken, therefore, on such type of circumstantial evidence, we are not persuaded to hold that the accused are guilty." The justices observed the trial judge's judgment appears to have been swayed by the gruesome crime, and “In the process has erred in appreciating the evidence.” The justices concluded: “In our view, evidence has been totally mis-appreciated. Total doubtful position of the prosecution case inspires confidence that the guilt against the accused is not proved. Thus the judgment passed by the trial court is unsustainable.”" |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Female |
Skin/Ethnicity: |
Indian |
Information Source 1: |
"Abortion Death: High Court Acquits Doctor,4 Others In 2003 Case, By Marouf Ali, Kashmir Observer, December 23, 2017" |
Information Location 1: |
https://kashmirobserver.net/2017/local-news/abortion-death-high-court-acquits-doctor4-others-2003-case-27009 |
Information Source 2: |
"Dr Ghulam Nabi Bhat & Ors vs State Of J&K; And Others on 21 December, 2017 (Jammu & Kashmir High Court -- Srinagar Bench) (Acquitting all five defendants on basis of insufficient evidence of their guilt.)" |
Information Location 2: |
https://indiankanoon.org/doc/169774498/ |
Information Source 3: |
"Abortion Doctor Sentenced To 10 Year Jail, Kashmir Inkishaaf, Facebook, February 23, 2013" |
Information Location 3: |
https://www.facebook.com/225083110906833/posts/abortion-doctor-sentenced-to-10-year-jailsrinagar-a-local-court-on-saturday-conv/424676027614206/ |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org