'Lack of proof': Surendra Koli, Moninder Pandher acquitted in 2006 Nithari serial killings cases
New Delhi, October 16
Citing lack of evidence, the Allahabad High Court on Monday acquitted domestic help Surendra Koli and his employer Moninder Singh Pandher, who were awarded the death penalty in the 2006 Nithari serial killings cases.
Editorial: Nithari shocker
While Koli was awarded the death penalty in 12 cases, Pandher faced the capital punishment in two for allegedly raping and murdering minor children at his house at Nithari in Noida near Delhi. Koli and Pandher are currently lodged in Ghaziabad jail and Noida jail, respectively.
“Upon evaluation of the evidence in this case, on the touchstone of fair trial guaranteed to an accused under Article 21 of the Constitution, we hold that the prosecution has failed to prove the guilt of accused SK (Surendra Koli) and Pandher beyond reasonable doubt, on the settled parameters of a case based on circumstantial evidence,” a Division Bench of Justice Ashwani Kumar Mishra and Justice SHA Rizvi said in its 308-page verdict.
The Bench also faulted the prosecution for giving a complete go-by to procedural requirements in recording of disclosure statements of accused leading to recovery of biological remains such as skulls, bones and skeletons.
“The casual and perfunctory manner in which important aspects of arrest, recovery and confession have been dealt with are most disheartening, to say the least,” the HC said, allowing the appeals filed by the accused duo, who had challenged the death penalty awarded to them by a CBI special court in Ghaziabad. “The manner in which confession was recorded after 60 days of police remand without any medical examination of the accused; providing of legal aid; overlooking specific allegation of torture in the confession itself and failure to comply with the requirement of Section 164 of the CrPC is shocking to say the least,” the High Court said. “…it appears that the investigation opted for the easy course of implicating a poor servant of the house by demonising him, without taking due care of probing more serious aspects of possible involvement of organised activity of organ trading,” the court said.
The sensational killings came to light following the discovery of the skeletal remains of eight children from the drain behind Pandher’s house on December 29, 2006. Further digging and searches of drains in the area around Pandher’s house led to more skeletal remains being found. Most of these remains were that of poor children and young women who had gone missing from the area. Within 10 days, the CBI took over the case and its search resulted in the recovery of more bones.
While Pandher was likely to walk free, Koli was likely to remain in jail as he faced life imprisonment in one of the Nithari killings cases.
In all, 19 cases had been lodged against Pandher and Koli in 2007. The CBI filed closure reports in three of these cases and of the remaining 16, Koli was earlier acquitted in three cases and his death sentence in one case was commuted to life imprisonment. The UP Government’s petition challenging the High Court’s order commuting Koli’s death sentence to life imprisonment was pending before the Supreme Court. He was acquitted in the remaining 12 cases today.
Pandher was charged in six cases. He was acquitted in three cases earlier. With the Allahabad High Court acquitting him in the remaining three – one in 2009 and in two on Monday — he was all set to walk free. (With PTI inputs)
Were awarded death penalty
- Domestic help Surendra Koli was awarded the death penalty in 12 cases
- His employer Moninder Singh Pandher faced the capital punishment in two
- Minor kids were allegedly raped and murdered at Pandher’s house in Nithari, Noida
