New Delhi, Apr 17 The Supreme Court on Friday agreed to hear a plea filed by the CBI challenging a Kerala High Court verdict that has set aside the conviction of four people in a case related to a man's death allegedly due to custodial violence in 2005.
A bench of Justices Vikram Nath and Sandeep Mehta issued a notice to the accused, seeking their responses on the Central Bureau of Investigation's (CBI) plea, and posted the matter for hearing on May 19.
The CBI has challenged the high court's August 2025 verdict that set aside the trial court's order convicting five people in the case. Two of them were awarded death sentence by the trial court.
One of the convicts, who was awarded death sentence, died during the pendency of the matter before the high court and the proceedings against him were abated.
According to the prosecution, the case pertains to the death of Udayakumar (28), who was picked up by two police officers in September 2005 while he was standing with his friend in Thiruvananthapuram.
It was alleged that he was taken to a police station and thereafter, to the nearby office of the circle inspector where he was subjected to custodial interrogation involving the use of force and infliction of injuries.
Later, on the same day, Udayakumar was declared dead at a hospital and the post-mortem revealed severe crush injuries to both thighs, which were determined to be the cause of the death.
The prosecution had alleged that the death was due to custodial violence and torture inflicted within the confines of a police station.
In its verdict, the high court had noted that the trial was conducted in the case after a prolonged investigation, initially by the CB-CID and subsequently, by the CBI.
The high court had said there were major contradictions in the testimonies of the prosecution witnesses, most of whom were approvers, accompanied by glaring investigative defects.
"It cannot be said that the prosecution has established the charge beyond a reasonable doubt," the high court had said, while setting aside the conviction and sentences awarded to the four accused.
