Kerala HC Acquits Officers in 2005 Custodial Death Case

Kochi, August 28 (PTI) - In a significant legal development, the Kerala High Court has overturned the 2018 convictions of four former police officers implicated in the 2005 custodial death of a 28-year-old man. A division bench comprising Justices Raja Vijayaraghavan V and K V Jayakumar found the Central Bureau of Investigation's (CBI) inquiry flawed and tainted, leading to a collapse of the prosecution's case.

Initially, six officers were accused, with one dying during the sessions court trial and another, who was sentenced to death, passing away while his appeal awaited hearing in the High Court. The bench, in its ruling, observed that the evidence presented during the trial was insufficient to prove the accused's guilt beyond conjecture.

"The findings of the sessions court, which pronounced the appellants guilty, were based on conjectures and are, therefore, unsustainable under the law," the High Court remarked. The Court criticized the CBI's investigation tactics, labeling them as "high-handed," and highlighted procedural illegalities, such as converting an unconnected eyewitness into an approver.

The Court accused the CBI of indiscriminate witness appropriation and coercion at gunpoint, coercing them to align their testimonies with the agency's narrative. Furthermore, it cited the improper filing of applications for pardon in inappropriate courts and the submission of supplementary reports without jurisdictional authority.

"These actions culminated in a tainted investigation and a miscarriage of justice," the bench noted, emphasizing the violation of the accused's right to a fair trial. The judgment highlighted major discrepancies in the testimonies of prosecution witnesses, most of whom were coerced into becoming approvers.

"A flawed and tainted investigation has ultimately led to the failure of the prosecution in the egregious death of Udayakumar," the Court declared. The prosecution previously contended that Udayakumar, apprehended by two officers from Fort Police Station in Thiruvananthapuram on September 27, 2005, suffered police brutality leading to his death.

Detained in the early hours, he was subjected to custodial interrogation, and later, the same day, died in hospital from injuries consistent with violent force. The sessions court had previously issued death sentences to two officers and varied sentences to the others.

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