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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.Jayasankaran Nambiar, Jobin Sebastian
State Of Kerala – Appellant
Versus
Parimal Sahu – Respondent
| Table of Content |
|---|
| 1. death sentence reference and trial basis. (Para 1) |
| 2. prosecution case details summarize. (Para 2) |
| 3. arguments concerning witness competence. (Para 6 , 22) |
| 4. medical evidence during trial process. (Para 11 , 12 , 17 , 19) |
| 5. extrajudicial confessions and legal standards. (Para 24 , 26 , 28 , 30) |
| 6. recovery operations and evidentiary concerns. (Para 33 , 41) |
| 7. calculating evidence significance and reliability. (Para 36 , 40) |
| 8. scientific evidence and its impact. (Para 50 , 52) |
| 9. final judgment and acquittal conclusions. (Para 54) |
JUDGMENT
Jobin Sebastian, J.
The above Death Sentence Reference (DSR) and the Crl. Appeal arises from the judgment dated 08.03.2021 of the Additional Sessions Judge, North Paravur, in S.C.No.72/2019, whereby the appellant/accused was found guilty of the offences punishable under Sections 449 , 376A, 302, and 201 of the IPC and convicted. The accused was sentenced to rigorous imprisonment for various terms and a fine for the offences punishable under Sections 449 and 201 IPC, and sentenced to imprisonment for life for offence punishable under Section 302 IPC. Furthermore, the accused was sentenced to death and a fine for the offence under Secti
The competency of a vulnerable witness must be assessed through a voir dire test; failure to do so, along with the inadmissibility of confessions made in police custody, can undermine the prosecution....
The prosecution failed to establish a strong motive and sufficient circumstantial evidence to uphold a murder conviction, leading to the acquittal of the accused.
Testimony of an expert is at best an opinion, which has to be given due weight by Court. Satisfaction arrived at by Court cannot be substituted with opinion of expert.
The prosecution must establish a complete chain of evidence beyond reasonable doubt for a conviction, especially in circumstantial cases.
The court emphasized that direct and circumstantial evidence can establish guilt beyond a reasonable doubt, particularly when eyewitness accounts, along with credible medical evidence, corroborate th....
The judgment establishes that circumstantial evidence must form a complete, unbroken chain directly linking the accused to the crime, which warranted a life sentence in this case.
Circumstantial evidence must form a complete and unbroken chain leading to the accused's guilt, excluding all reasonable hypotheses of innocence.
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