Sunday, May 8, 2022

Malicious prosecution by police - Madhya Pradesh High Court awards ₹42 lakh compensation to ST medical student who spent 13 years in jail

Read Judgment

A Bench of Justices Atul Sreedharan and Sunita Yadav passed the order on finding that the police had carried out the investigation to falsely implicate the appellant accused, and the prosecution had been malicious.

The case reveals a sordid saga of manipulative and preconceived investigation followed by a malicious prosecution, where the police have investigated the case with the sole purpose of falsely implicating the Appellant and perhaps, deliberately protecting a prosecution witness who may have been the actual culprit.

The fundamental right to a fair and unbiased trial was discussed, and in relation to this several cases were examined. A recent order of the Supreme Court in Nambinarayanan v Siby Mathew was considered, where compensation of ₹50 lakh was granted to former ISRO scientist Nambinarayanan, indicted by the Kerala Police and exonerated by the Central Bureau of Investigation.

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