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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Baburajan, S/o.Madhavan – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. basis of wrongful prosecution claims. (Para 1 , 3 , 14) |
| 2. court's directive on further actions post-writ. (Para 2) |
| 3. right to compensation for wrongful convictions. (Para 4 , 5 , 6 , 11 , 13) |
| 4. presumption of innocence in law. (Para 7) |
| 5. miscarriage of justice and its implications. (Para 8 , 9 , 10 , 12) |
JUDGMENT :
KAUSER EDAPPAGATH, J.
These writ petitions have been preferred by the accused Nos. 1, 2 and 4 in S.C.No.33/1996 on the files of the I Additional Sessions Court, Thrissur (for short, the trial court). The said case arose out of Crime No.205/1994 of Guruvayoor Police Station. W.P. (C). No.23349/2013 has been filed by the accused Nos. 1 and 2, and W.P.(C). No.23348/2013 has been filed by the accused No.4. There were nine accused altogether. As the accused No.3 was absconding, the case against him was split up. The accused No.6 died pending trial and the charge against him stood abated. The remaining accused faced trial. The trial court convicted the accused Nos. 1, 2, 4 and 5 for the offences punishable under Sections 143 , 148, 449 read with 149 of the IPC, Section 324 read with 149 of the IPC, Section 326 read with 149 of the IPC and Section 302 read with
Presumption of innocence is a fundamental right, and wrongful prosecution entitles victims to compensation under Articles 21 and 22 of the Constitution, highlighting a need for legislative reform on ....
The prosecution must prove its case beyond reasonable doubt, and any alteration of charges must not prejudice the accused's right to a fair trial.
The judgment established the principle that illegal detention and malicious prosecution by the police warrant the grant of compensation under the public law remedy, emphasizing the violation of funda....
The state has a non-delegable duty to conduct effective investigations in criminal cases, failing which victims are entitled to compensation under Article 21.
The court discussed the legal provisions related to compensation in custodial death cases and applied the principles of compensation applicable in the Motor Vehicles Act to determine the compensation....
The High Court cannot convert an acquittal into a conviction under Section 401(3) of the CrPC without following due process, violating the principles of natural justice.
State is liable for failing to protect individuals in police custody, requiring compensation for unnatural deaths under Article 21.
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