Kerala: Old couple acquitted after facing troubling 11 years in false case of SC-ST act

Kollam(Kerala, India): A Hindu couple accused of thrashing a Dalit man has been acquitted by the SC-ST act court after facing the troubling 11 years of court trials. 

An old couple, Rajendran and his wife Santha was booked for hurting, abusing, and spraying chilli powder on a Dalit man on 25th October 2009. However, Rajendran died during the trials at the age of 51. 

In his report, the Dalit man deposed that he is a member of Hindu, Kurava community and he knew the accused who are the members of Ezhava community. According to him on the day of the incident, some assailants sprinkled the chilly powder on his eyes and inflicted a blow on him, then he fell down on the floor and his relatives came there and brought him to the hospital. 

During the trial, the court questioned the medical report and raised concerns over the claims made in the FIR. In medical reports, it was mentioned by the examiner that they didn’t find any external injuries on the body of the victim.

Also, the special judge SRI.HARI.R.CHANDRAN said that the first information was given before the police on 17/12/2009, more than 50 days after the incident without sufficient cause. 

The court also found contrary statements about the incidents from the victim and the other witnesses mentioned in the case. 

“On analysing the evidence tendered by the prosecution I find that the absence of identifying the second accused as the assailant and the delay for more than 50 days in giving the first information statement before the police”, Justice CHANDRAN said in his order. 

“I find that the prosecution has not succeeded in establishing the offences punishable as alleged against the second accused. Therefore the second accused is found not guilty for the offences punishable u/s. 323, 324, 506 (ii) r/w 34 IPC and Sec.3 (1) (x) of SC/ST (POA) Act, 1989”, he added. 

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