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Wrongly Convicted Database Record
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Charge: |
Murder and Rape |
Sentence: |
Death |
Years Imprisoned: |
8.15 |
Year Crime: |
2013 |
Year Convicted: |
2014 |
Year Cleared: |
2021 |
U.S. State or Country of Crime: |
India |
County or Region of Crime: |
Uttar Pradesh |
City of Crime: |
Barabanki |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Ubhan Yadav alias Abhay Kumar Yadav was wrongly convicted of murder on August 29, 2014 in the sexual assault and strangulation of a 12 year old girl in Barabanki, Uttar Pradesh, India on March 3, 2013. After his conviction Yadav was sentenced to death. On June 3, 2021 a panel of the Allahabad High Court set aside Yadav's conviction and sentence on the basis the prosecution failed to present evidence proving his guilt beyond a reasonable doubt. Justice Rajeev Singh, who wrote the judgment for the division said, "The court is conscious of the fact that in the present case a 12-year-old girl was sexually assaulted and done to death by throttling. But the fact remains as to whether it was the accused-appellant who committed the alleged crime appears to be doubtful. ... The incident does not appear to have happened in the manner in which the prosecution wants the court to believe it had happened. Therefore, the accused-appeallant becomes entitled for the benefit of doubt and the appeal deserves to be allowed."" |
Conviction Caused By: |
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Innocence Proved By: |
"On June 3, 2021 a panel of the Allahabad High Court set aside Yadav's conviction and sentence on the basis the prosecution failed to present evidence proving his guilt beyond a reasonable doubt. Justice Rajeev Singh, who wrote the judgment for the division said, "The court is conscious of the fact that in the present case a 12-year-old girl was sexually assaulted and done to death by throttling. But the fact remains as to whether it was the accused-appellant who committed the alleged crime appears to be doubtful. ... The incident does not appear to have happened in the manner in which the prosecution wants the court to believe it had happened. Therefore, the accused-appeallant becomes entitled for the benefit of doubt and the appeal deserves to be allowed."" |
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Was Perpetrator Identified? |
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Skin/Ethnicity: |
Indian |
Information Source 1: |
"Allahabad high court sets aside trial court’s verdict in rape, murder case, By Staff, The Times of India, June 3, 2021" |
Information Location 1: |
https://timesofindia.indiatimes.com/city/lucknow/allahabad-high-court-sets-aside-trial-courts-verdict-in-rape-murder-case/articleshow/83198170.cms |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org