Kochi, The Kerala High Court on Wednesday quashed the conviction and death sentence awarded against a man for the murder of a 57-year-old woman in 2013, saying there was no evidence before the trial court to convict him of any of the crimes alleged. against him or even impose capital punishment.
A bench comprising Justices A K Jayasankaran Nambiar and Syam Kumar V M said the prosecution did not "add legally tenable evidence to prove any of the charges leveled against the appellant".
While acquitting him, the court also awarded the appellant, Gireesh Kumar, Rs 5 lakh as compensation for his 10-year imprisonment, most of which he spent with "the threat of death penalty" looming over him.
The court, while accepting Kumar's appeal against his conviction and death sentence, observed that the circumstantial evidence in the case does not unequivocally point to him as the perpetrator of the crime and his claim that the witnesses and evidence were planted by the police." "They cannot be ignored." ".
While acquitting Kumar, the High Court also noted that he had been imprisoned for 10 years since 2013, when he was arrested, and was sentenced to death in 2018.
"... throughout his long imprisonment, the imminence of death had been hanging over him," he added.
The court said the freedoms guaranteed to a citizen under the Indian constitution cannot become so fragile, flimsy and insignificant that they can be snatched away by a "quixotic incrimination of criminal offenses followed by careless investigation and inadequate appreciation". test that imposes the highest of all punishments: death.
The High Court said that the faith that the general public reposes in the system is not only eroded by such incidents but strikes at the very root of the edifice of rule of law on which this republic rests.
"This is true even of a citizen with a supposedly dubious background," he added.
The court further noted that in the present case where the appellant was forced to spend about ten years in prison and also on death row "only due to the systemic failure of the different members of the state apparatus, including the security agencies investigative and judicial", the ends of justice will be achieved only if the State is ordered to compensate him for the violation of his fundamental right to life under Article 21 of the Constitution of India.
The High Court said that though there was no reason to field him as an accused in the first place, Kumar had to suffer the ignominy of imprisonment for 10 years and for most of the time there was the threat of a death sentence hanging over him. him.
"Accordingly, we consider it appropriate to direct the state government to pay the appellant (Kumar) an amount of Rs 5,000,000 as compensation for the above charge, which amount shall be paid to him within a period of three months from the date of this sentence," the court said.
A bench comprising Justices A K Jayasankaran Nambiar and Syam Kumar V M said the prosecution did not "add legally tenable evidence to prove any of the charges leveled against the appellant".
While acquitting him, the court also awarded the appellant, Gireesh Kumar, Rs 5 lakh as compensation for his 10-year imprisonment, most of which he spent with "the threat of death penalty" looming over him.
The court, while accepting Kumar's appeal against his conviction and death sentence, observed that the circumstantial evidence in the case does not unequivocally point to him as the perpetrator of the crime and his claim that the witnesses and evidence were planted by the police." "They cannot be ignored." ".
While acquitting Kumar, the High Court also noted that he had been imprisoned for 10 years since 2013, when he was arrested, and was sentenced to death in 2018.
"... throughout his long imprisonment, the imminence of death had been hanging over him," he added.
The court said the freedoms guaranteed to a citizen under the Indian constitution cannot become so fragile, flimsy and insignificant that they can be snatched away by a "quixotic incrimination of criminal offenses followed by careless investigation and inadequate appreciation". test that imposes the highest of all punishments: death.
The High Court said that the faith that the general public reposes in the system is not only eroded by such incidents but strikes at the very root of the edifice of rule of law on which this republic rests.
"This is true even of a citizen with a supposedly dubious background," he added.
The court further noted that in the present case where the appellant was forced to spend about ten years in prison and also on death row "only due to the systemic failure of the different members of the state apparatus, including the security agencies investigative and judicial", the ends of justice will be achieved only if the State is ordered to compensate him for the violation of his fundamental right to life under Article 21 of the Constitution of India.
The High Court said that though there was no reason to field him as an accused in the first place, Kumar had to suffer the ignominy of imprisonment for 10 years and for most of the time there was the threat of a death sentence hanging over him. him.
"Accordingly, we consider it appropriate to direct the state government to pay the appellant (Kumar) an amount of Rs 5,000,000 as compensation for the above charge, which amount shall be paid to him within a period of three months from the date of this sentence," the court said.
