In
a landmark decision, the Kerala High Court has overturned the conviction of
Gireesh Kumar, who had languished on death row for over a decade in connection
with a murder case in Kollam. Kumar, originally sentenced to death by a
sessions court in 2018 for the alleged murder of a 57-year-old woman, was
arrested in June 2013 and had been incarcerated since. On July 3rd, a bench
comprising Justice
AK Jayasankaran Nambiar and Syam Kumar VM found glaring deficiencies in the prosecution's case, highlighting a
lack of substantial evidence to support Kumar's guilt.
The High Court criticized the investigation's flaws, suggesting the possibility of Kumar being falsely implicated. It underscored the importance of upholding citizens' fundamental rights and criticized the imposition of capital punishment without due diligence. The court's scathing remarks emphasized the need for a robust judicial process that upholds the rule of law and protects individuals from arbitrary accusations and flawed investigations.
Gireesh Kumar's legal ordeal began with accusations of trespassing, robbery, and murder, which ultimately led to his conviction in 2018. Following an appeal challenging the trial court's verdict, the High Court meticulously reviewed the evidence and concluded that the prosecution had failed to establish Kumar's guilt beyond a reasonable doubt. As a result, the court acquitted Kumar of all charges and ordered the state to compensate him with ₹5 lakhs within three months for the wrongful deprivation of his liberty.
Reflecting
on Kumar's long ordeal, the High Court's judgment questioned the adequacy of
mere acquittal after years under the shadow of death. The case underscores
broader concerns about judicial integrity and the need for rigorous scrutiny in
criminal trials to safeguard justice and protect individuals' rights against
wrongful accusations.
Gireesh Kumar acquitted after botched investigation; court condemns wrongful incarceration and orders compensation under Article 21.