Supreme Court acquits man in 23-year-old murder case, overturns Karnataka High Court conviction
Justices Sudhanshu Dhulia & PB Varale [08-07-2024]

Read Order: VISHWANATHA v. THE STATE OF KARNATAKA BY THE SECRETARY, HOME DEPARTMENT [SC- CRL APL NO. 129 OF 2012]

LE Correspondent

New Delhi, July 15, 2024: The Supreme Court has overturned a 2009 Karnataka High Court decision that had convicted a man for the murder of an 86-year-old woman in Mangalore in 2000.

The apex court acquitted Vishwanatha, giving him the benefit of the doubt due to lack of conclusive evidence proving his guilt beyond reasonable doubt.

The case dates back to December 26, 2000, when Devaki, the elderly mother of the complainant Rohini, was found strangled to death in her home in Kudupu, Mangalore. Rohini, in her police complaint, stated that when she returned home that afternoon, she found the room locked from inside and heard screams. Looking through the window along with a neighbour Rajesh, she claimed to have seen two men, one of whom was her relative Ravikumar, strangulating her mother by pulling a rope around her neck from both ends.

While the trial court had initially acquitted both the accused in 2001 citing contradictions between witness statements and the post-mortem report, the High Court had reversed this order in 2009, convicting Vishwanatha and Ravikumar for murder and sentencing them to life imprisonment. Ravikumar passed away shortly after. However, the Supreme Court noted several discrepancies and gaps in the prosecution's case against Vishwanatha.

The apex court pointed out that the injuries described in the autopsy were inconsistent with the manner of strangulation alleged by the two eyewitnesses. Moreover, no Test Identification Parade was conducted to establish Vishwanatha's identity, who was a stranger to the witnesses. The top court also found the complainant's claim of traveling 20 km and returning home within 2.5 hours to witness the exact moment of crime as unbelievable.

Emphasizing that it would be unsafe to convict the appellant solely based on the doubtful testimony of the two eyewitnesses without corroborative evidence, the Supreme Court allowed Vishwanatha's appeal and acquitted him, upholding the original order of the trial court. The court held that the prosecution failed to prove its case without reasonable doubt.