Court finds lack of corroborative evidence and credibility issues with witness testimonies, leading to acquittal in the high-profile case.
In a significant judgment, the Kerala High Court has acquitted all the accused in the 2009 murder case of Jyothish, overturning the trial court's earlier conviction. The Division Bench comprising Dr. A.K.Jayasankaran Nambiar and Jobin Sebastian, JJ., found the evidence presented by the prosecution insufficient to sustain the conviction of the accused, highlighting critical issues in the eyewitness testimonies and procedural lapses.
The case revolved around an incident that occurred on the night of September 28, 2009, when Jyothish was allegedly attacked by an unlawful assembly led by the first accused, following an altercation earlier that evening. The trial court had convicted seven individuals, sentencing them to life imprisonment based on the testimonies of three eyewitnesses, which have now been deemed unreliable by the High Court.
A key point in the judgment was the court's emphasis on the lack of corroborative evidence to support the witness testimonies, which were riddled with contradictions and omissions. The bench noted that the testimony of PW1, who was with the deceased at the time of the attack, was undermined by his failure to identify the first accused in his initial statement to the police. This omission was deemed fatal to the credibility of his account.
Similarly, the testimony of PW5 was questioned due to inconsistencies and his failure to act in a manner expected of someone witnessing such a grave incident. The court observed that his conduct did not align with natural human behavior, further diminishing the reliability of his account.
Another significant aspect of the case was the procedural lapse concerning the Forensic Science Laboratory (FSL) report. The court pointed out that the FSL findings were not presented to the accused during their examination under Section 313 of the Criminal Procedure Code, rendering the report inadmissible as evidence against them.
The judgment also highlighted the delay in the trial process, noting that the crime took place in 2009, but the trial only commenced in 2011, with the prosecution's evidence being presented in 2018. The court expressed doubts about the credibility of the in-court identification of the accused, which occurred nine years after the incident, without a prior Test Identification Parade to support it.
In conclusion, the High Court found that the prosecution failed to provide reliable evidence linking the accused to the crime, leading to their acquittal. The appellants were ordered to be released immediately unless involved in other legal matters.
Bottom Line:
Conviction based solely on the testimony of witnesses without reliable corroborative evidence is not sustainable; identification of accused must be credible and free from doubt.
Statutory provision(s): Indian Penal Code, 1860 Sections 143, 147, 148, 302 read with 149; Evidence Act, 1872 Section 3; Criminal Procedure Code, 1973 Section 313.
Manden Babinesh v. State of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2822802
