ILC-2012-SC-CRL-Jan-11
Madhu Vs. State of Kerala
Indian Penal Code,1860 - Section 302 , Section 392 , Section 34
Conviction - Of the accused for having robbed and thereafter having murdered her at her residence - The charge-sheet pointedly records that accused no.1, caught hold of the plated hair and neck of the deceased and accused No. 2 caught hold of her feet, and forcibly dragged her into the water and suffocated her thereby cause her death by drowning - However, the factual position remained unproved - The evidence produced by the prosecution does not, in any way, establish the guilt of the accused - The statements made by the accused cannot be proved against the accused , or to their detriment which remove the most vital link in the chain of events sought to be established by the prosecution against the accused - Evidence produced to establish the presence of the accused near the place of occurrence, at or about the time of the commission of the crime has also been found to be irrelevant - The theft of the golden ornaments worn by the deceased was also doubtful - The prosecution failed to establish an unbroken chain of events lending to the determination, that the inference being drawn from the evidence is the only inescapable conclusion - Conviction order set aside - Appeal allowed - Acquittal on benefit of doubt.
MS. LIZ MATHEW
Topic(s)-Acquittal on benefit of doubt.
Important Decision(s)- Statements made by the accused cannot be proved against the accused - Theft of the golden ornaments worn by the deceased was also doubtful - Conviction order set aside.