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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Unknown, J
BIJI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. conviction based on insufficient evidence necessitates further investigation. (Para 1 , 2) |
| 2. presumption of innocence is fundamental to upholding justice. (Para 6 , 7 , 8) |
| 3. victim’s right to compensation must be recognized in wrongful prosecution cases. (Para 10 , 11 , 12) |
| 4. further investigation revealed actual culprits, exonerating the petitioners. (Para 13 , 14) |
JUDGMENT
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 14
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