Released After Being Sentenced to Death Three Times: The Unresolved Case of Murder and Rape
This story begins 11 years ago when a 21-year-old man, Anokhilal, was sentenced to death for the rape and murder of a nine-year-old girl in Madhya Pradesh, India. The case moved rapidly, with only a month between the crime and the sentence. Subsequently, two more courts confirmed his death penalty.
However, the case took an unexpected turn in March this year when the Khandwa District Court declared that evidence had been misinterpreted, and the crime was committed by someone else. Anokhilal was acquitted.
The BBC team recently visited Madhya Pradesh to meet both the exonerated man and the victim's family to uncover the complexities of this case.
A Decade Under the Shadow of Death
When Anokhilal returned home after spending 11 years in jail, he struggled to recognize his relatives and even had difficulty remembering his native language, Korku.
"These 11 years made me forget a lot," he said, "but I am slowly recalling some things."
For 4,033 days, Anokhilal lived as a death row inmate. The case moved between courts five times, with him receiving the death penalty three times. Finally, in 2024, the Khandwa District Court acquitted him.
Why did this dramatic reversal take so long? What impact did this prolonged ordeal have on both the accused and the victim’s family?
The Crime and Rapid Conviction
On January 30, 2013, a nine-year-old girl went missing after leaving her home. Two days later, her body was discovered in a field, and a post-mortem confirmed rape. The victim’s family and a villager alleged that they had last seen her with Anokhilal, a 21-year-old working for a local milk seller.
In just nine days, the police concluded their investigation, and the trial commenced. Within 13 days, the court sentenced Anokhilal to death, calling him "a threat to society."
Anokhilal recalls the speed of the trial as overwhelming. "Neither my family nor my lawyer had time to understand what was happening," he said. A member of the impoverished tribal Korku community, he was represented by a government-appointed lawyer, whom he met only on the first day of the trial.
Doubts and Legal Flaws
The case subsequently moved through higher courts, with the Madhya Pradesh High Court upholding the death sentence in 2013. However, in 2019, the Supreme Court identified several flaws in the legal proceedings.
The defense lawyer had been appointed on the same day the trial began, leaving no time to study the case. The Supreme Court ordered a fresh trial, providing a glimmer of hope for Anokhilal.
The DNA Evidence
Project 39A, a research organization providing legal assistance to death row inmates, became involved in 2022. They appealed to the Madhya Pradesh High Court, challenging the DNA evidence—the cornerstone of the prosecution's case.
A closer examination revealed that the DNA found on the victim did not match Anokhilal's. This critical detail had been overlooked for 11 years. Additionally, the court questioned the integrity of other evidence, citing potential tampering and procedural lapses by the police.
In 2024, the Khandwa District Court, which had sentenced Anokhilal to death twice before, acquitted him.
Unhealed Wounds for the Victim’s Family
The victim's father expressed anger and despair upon hearing of the acquittal. "They gave him the death penalty to calm our anger, and now he is free," he said. "The entire system is broken."
He regrets not having the resources to hire a private lawyer, saying, "The biggest problem is that I am poor."
Even after 11 years, the family struggles with the trauma. "She was my eldest daughter, my heart," the father said.
A Life Lost Behind Bars
Anokhilal's life has been irreparably altered. "Freedom is precious, but 11 years of my life are gone," he lamented. "Who will compensate for that?"
His family, already struggling financially, suffered immensely. They sold land to fund legal expenses, but their father died under the stress of the case.
A Broken System
This case highlights serious flaws in India’s justice system. According to Project 39A, out of 1,498 death sentences between 2000 and 2015, 443 were overturned, and sentences for 970 were reduced.
Lawyer Shreya Rastogi, who worked on Anokhilal’s case, said, "There is a lack of understanding of forensic evidence in India. The police, lawyers, and courts need better training."
Despite the acquittal, the key question remains unanswered: who was responsible for the rape and murder of the nine-year-old girl?
This case serves as a stark reminder of the cost of errors in the justice system—not just for the wrongly accused but also for the families of victims still awaiting justice.
PC:BBCNEWS