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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN, K. V. JAYAKUMAR, JJ
State Of Kerala – Appellant
Versus
Jithakumar K., S/o. Kamalasanan Nair – Respondent
| Table of Content |
|---|
| 1. custodial death and alleged police misconduct. (Para 1 , 2) |
| 2. procedural flaws in police investigation. (Para 11 , 12 , 13) |
| 3. significance of the proper jurisdiction in trials. (Para 19 , 20 , 21 , 22) |
| 4. evaluation of witness credibility and contradictions. (Para 36 , 37 , 38) |
JUDGMENT :
Prelude :
1.1. Crl. A. 1057 of 2018 has been preferred by the 1st accused, Crl.A. No. 940 of 2008 has been preferred by the 4th accused, Crl.A. No. 959 of 2018 has been preferred by the 5th accused and Crl. A. No. 965 of 2018 has been filed by the 6th accused assailing the finding of guilt, conviction and sentence passed by the SPE/CBI Court, Thiruvananthapuram.
2. The prosecution case:
2.2. After arrival at the Police Station, A1 and A2 took Udayakumar to the Office of the CI and after counting his money made him lie on a wooden bench and started torturing him. They lashed the soles of his feet repeatedly with a bamboo cane. While they were going about with this horrendous task Soman (A3), another Police Constable, joined them. A3 forcibly held Udayakumar's head while A1 and A2 forcibly kneaded a GI pipe (MO10) on his thighs, crushing his thigh muscles. It is alleged that the torture
The court emphasized that a flawed investigation process and failure to adhere to legal procedures undermine the prosecution's case, leading to the absolution of accused due to a lack of credible evi....
The court reaffirms that police conduct during official duties must not infringe on rights, prioritizing eyewitness testimony in establishing guilt over medical evidence, thus validating convictions ....
The testimony of an approver must be corroborated by reliable evidence to sustain a conviction; uncorroborated evidence is insufficient for a guilty verdict.
Secrecy of crime and paucity of evidence, solely for the apprehension of the other offenders, recovery of the incriminating objects and production of the evidence otherwise unobtainable might afford ....
In criminal cases based on circumstantial evidence, the prosecution must establish a complete chain of circumstances pointing to guilt, excluding all reasonable hypotheses of innocence.
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
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