Supreme Court acquits man given life term for brutal murder of 14-year-old girl, citing lack of evidence
Justices Sudhanshu Dhulia & Prasanna B Varale [08-07-2024]
Read Order: P. SASIKUMAR v. THE STATE REP. BY THE INSPECTOR OF POLICE [SC- CRIMINAL APPEAL NO.1473 OF 2024]
LE Correspondent
New Delhi, July 11, 2024: The Supreme Court has acquitted a man who was convicted for the brutal murder of a 14-year-old girl in Salem, Tamil Nadu, in 2014. The court found that the prosecution failed to prove the identity of the accused beyond a reasonable doubt.
The case pertains to the murder of the daughter of Durairaj, a manager at JSP Granite Company in Salem, on the night of 13th November 2014. According to the prosecution, two accused, including Sasikumar, had entered the house and killed the girl by slitting her throat. The prosecution relied on circumstantial evidence, including the testimony of the girl's father (PW-1) and a neighbor (PW-5), who claimed to have seen Sasikumar wearing a green monkey cap on the day of the incident.
However, the Supreme Court noted that both witnesses had seen the accused for the first time on that day and from a distance, while he was wearing the cap that covered most of his face. The apex court observed that the prosecution had failed to conduct a Test Identification Parade (TIP), which was a fatal flaw in the investigation. The court held that in the absence of a TIP, the dock identification of the accused by the witnesses remained doubtful.
The top court also noted that there was no motive established against Sasikumar, and the recoveries made during the investigation had no relevance as they were done while the accused was in judicial custody, without proper permission from the magistrate.
Setting aside the conviction and life sentence awarded by the Madras High Court, the Supreme Court held that the identity of the accused was in doubt, and he could not be convicted on the basis of such doubtful evidence. The court ordered Sasikumar's immediate release from jail, where he had been lodged for about 8 years. However, the court clarified that its decision was based on the evidence against Sasikumar and would have no bearing on the case of the other accused, Yugadhithan, who is the main accused and against whom the prosecution has additional evidence, including motive.
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