INDIA: MAN ON DEATH ROW GETS RELIEF FROM HIGH COURT

the Madras High Court in India acquitted an accused in a murder case, setting aside the death sentence by a lower court. Ramesh was arrested on February 16, 2007 for murdering Thiruvatchi Ammal on January 19, 2004 in Avinandgudi. He confessed, voluntarily admitting that he had committed several murders, rapes and robberies at various places on different dates. He was produced before the judicial magistrate in Kallakurichi and gave another confessional statement. The Additional Sessions Court and FTC-III in Virudhachalam awarded him capital punishment on August 6, 2007. Ramesh filed a criminal appeal. Setting aside the lower court’s death punishment on technical grounds, a division bench comprising Justice M Chockalingam and Justice S Rajeswaran observed that there was considerable delay in filing the complaints against the accused. They were filed only after publication of reports supplied by police in newspapers. The confessional statement given before the judicial magistrate could not be acted upon as the originals were not filed before the Sessions court. The magistrate had not followed the procedures before recording the statement under sec. 164 Cr.PC. He had not informed the accused that even if he declined to make the statement, he would not be remanded to police custody. The prosecution had neither placed necessary circumstances nor proved the same pointing to the guilt of the accused, the bench said, set aside the orders of the lower court and ordered the release of the accused.