‘ Legal requirements can not be disregarded even in spectacular case’.
Observing that legal requirements can not be provided a go-by in a criminal case merely due to the fact that it had actually ended up being mind-blowing, the Madras High Court on Friday set aside the conviction and 10 years of strenuous imprisonment enforced by a trial court on former DMK MLA M. Rajkumar for the alleged rape and culpable homicide of a 15- year-old lady.
Justice N. Sathish Kumar said: “Courts can not record a finding merely based upon fictional possibilities in the proof of the prosecution. Fictional possibilities can not fill in appropriate legal proof to prove the charges in a criminal case. Mere understanding consideration or suspicion can likewise never be a substitute for legal evidence.”
The judge held that the authorities had neither proved the charge of criminal conspiracy nor rape or perhaps that of culpable homicide against the appellant. He stated that the prosecution had also badly stopped working to prove the charge of conspiracy and unfaithful against the co-accused K. Jaishankar, and reserved his conviction too from both the charges.
He mentioned that the parents of the victim had actually offered really clear proof before the high court that they had brought their daughter voluntarily from their native in Kerala and left the kid in the custody of the previous MLA at Perambalur in Tamil Nadu on June 22, 2012 to serve as a domestic assistance and likewise get informed all at once. On June 28, 2012 the girl suffered from breathlessness and was dealt with in three various personal medical facilities before she passed away at the Federal government Medical College Medical Facility on August 5,2012 Following this, her family members created a turmoil at the medical facility, requiring the Perambalur police to sign up a case.
All At Once, at the instance of some political functionaries in Kerala, the authorities in that State, too, signed up a separate case.
Though none of the physicians and paramedical staff of the 3 personal medical facilities found any evidence of sexual assault on the child regardless of a gynaecologist, in among those hospitals, having done even a vaginal swab test, a government physician, who conducted the post-mortem in Theni, opined that the death might have been due to vaginal injuries. On the contrary, when the body was subjected to re-postmortem by doctors in Kerala, they suggested that the victim appeared to have died due to pneumonia. However, after the CB-CID took control of the case from the Perambalur cops, the FIR reserved in Kerala was transferred here.
Lastly, the cops submitted a chargesheet against the previous MLA. The trial was moved from a Mahila Court in Perambalur to a Special Court for hearing cases against MPs and MLAs in Chennai in 2018.
During the course of trial, one of the implicated passed away and the Special Court on December 28, 2018 acquitted four others. The former MLA and the other appellant Jaishankar alone were founded guilty resulting in the present appeals. Justice Kumar allowed both the appeals after agreeing with senior counsel AR.L. Sundaresan that the prosecution had failed to develop the charges.