Bench: Dr. Justice A.K. Jayasankaran Nambiar & Justice Jobin Sebastian
The Kerala High Court has acquitted the accused, a migrant worker from Assam, who had been sentenced to death by a trial court for the 2018 rape and murder of a 60-year-old widow in Puthenvelikkara, Ernakulam. The Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian set aside both the conviction and the death sentence imposed under Sections 376A and 302 of the IPC.
The trial court had relied primarily on the testimony of the deceased’s intellectually disabled son, who was the sole eyewitness. The High Court, however, held that his deposition could not be treated as reliable evidence, as the trial judge had failed to conduct a mandatory voir dire (competency) test to assess his ability to testify. Medical evidence showed that the witness had an IQ of 47 and a mental age of seven-and-a-half years.
The Bench also found serious procedural lapses and evidentiary inconsistencies. It ruled that the alleged extrajudicial confession made by the accused to doctors was inadmissible under Section 26 of the Indian Evidence Act since it was made while he was in police custody. Further, the recovery of the alleged weapon (a granite stone) was deemed doubtful as it was made from an open and accessible area already examined by the police.
The Court observed that the prosecution failed to establish guilt beyond reasonable doubt and criticized investigative lapses, including the questionable handling of bite-mark evidence and broken chain of custody of dental casts.
Holding that the trial court’s findings were based on unreliable and improperly admitted evidence, the Bench acquitted the accused of all charges, emphasizing that conviction for capital punishment demands the “highest degree of proof.”
Appearances:
Complainant: SMT.AMBIKA DEVI S., SPECIAL PUBLIC PROSECUTOR
Respondent: ADVS. SMT.MITHA SUDHINDRAN; SMT.SHREYA RASTOGI; SMT.NADIA SHALIN; SMT.MOULIKA DIWAKAR; SRI.RIJI RAJENDRAN; SMT.BHAIRAVI S.N.
