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Mani @ Rajendran v. State of Kerala

  • Order

Penal Code, 1860 – S. 302 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989S.3(2)(v) When public opinion influences an investigation its very course gets diverted with exasperating results. A tribal woman was murdered and the suspect was her confidant who was from the same community. The community rose in arms against the implication of their own and the Police removed him from the array of suspects and proceeded against the two other suspects from a different community with a higher caste status.

We find nothing to connect the accused to the crime other than the testimony of PW8, whom we suspect, as being interested in either saving himself or covering up the actual facts. The incident happened more than a decade and a half back and that alone inhibits us from ordering a further investigation, which would be futile especially in the absence of any scientific evidence. Again a woman is molested and murdered and the perpetrators are roaming free; the poor soul is not avenged. We see absolutely no way other than to acquit the accused.

Citations : 2021 (4) KCC 198