Kerala Excessive Courtroom acquits life convicts in 2005 rape and homicide of tribal lady in Palakkad

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By Specific Information Service

KOCHI: The Kerala Excessive Courtroom has noticed that when public opinion influences an investigation, its very course will get diverted with ‘exasperating’ outcomes. A Division Bench comprising Justice Okay Vinod Chandran and Justice Ziyad Rahman AA made the remark whereas acquitting Mani and Rajan of Agali in Palakkad, life convicts within the rape and homicide of a tribal lady on Could 30, 2005.

The Bench noticed {that a} tribal lady was murdered and the suspect was her confidant who was from the identical group. “The group rose in arms towards the implication of their very own and the police eliminated him from the array of suspects and proceeded towards two different suspects from a special group with the next caste standing thus alleging offences not solely below the Indian Penal Code but additionally below the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,” the court docket noticed. The protest was led by the then panchayat member towards arraying a tribe as one of many accused.

The prosecutor submitted that your entire case of the prosecution was constructed on the proof of Jungan, who “surrendered” at a police station claiming that he had murdered her. Initially, he was one of many suspects however nothing had come out within the investigation to array him as an accused. The particular person final seen with the deceased was Jungan and he deposed that he left the deceased alone for 20 minutes when she was raped and murdered by the accused.

The court docket identified that your entire narration and the conduct of Jungan was extremely suspicious, particularly wanting on the contradictions he was particularly confronted with in cross-examination. His model of the particular incident may be very shaky and filled with inconsistencies. He had acknowledged that whereas he and the deceased sat down close to the pathway, they each drank the arrack that they had with them.

The scientific evaluation of the contents of the abdomen and the interior organs of the deceased doesn’t reveal the presence of any ethyl alcohol. The court docket additionally mentioned that the factum of rape having been dedicated on the deceased results in an affordable inference that there have been others, a number of individuals, concerned.

The court docket mentioned, “We discover nothing to attach the accused to the crime apart from the testimony of Jungan, whom we suspect, as being concerned about both saving himself or protecting up the precise info. The incident occurred greater than a decade and a half again and that alone inhibits us from ordering an additional investigation, which might be futile particularly within the absence of any scientific proof. Once more a lady is molested and murdered and the perpetrators are roaming free; the poor soul shouldn’t be avenged. We see completely no method apart from to acquit the accused.”

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