The seven accused in the Shibin murder case were awarded life imprisonment and a fine of ₹.1.10 lakh each by the Kerala High Court.
A Division Bench consisting of Justice P.B. Sureshkumar and Justice C. Pratheep Kumar issued the order on Tuesday on an appeal filed by the State government and a relative of the slain youth, an activist of the Democratic Youth Federation of India (DYFI).
S. U. Nazar, the Special Public Prosecutor in the case, had argued that the order of the Special Additional Sessions Judge (Marad Cases), Kozhikode, which let off the accused was vitiated by errors of law and facts.
The court also observed that the prosecution established beyond reasonable doubt the complicity of accused 1 to 6, 15 and 16 in the crime.
The convicts are Ismail, Muneer, Siddique, Muhammad Anees, Shuhaib, Jasim, and Abdul Samad. One of the accused, Aslam, died during the course of the trial.
The High Court observed that the impugned judgment acquitting all the accused of the charges levelled against them was vitiated by non-consideration of material facts and consideration of irrelevant facts.
The Bench observed that the “acquittal of guilty persons in serious crimes on technical or flimsy grounds would erode the very foundation of the criminal justice delivery system, which strives to balance individual rights with the preservation of social order.“
“Such outcomes not only shake the faith of the public in the courts as guardians of justice but also deprive society of the protection it seeks from the courts. Such acquittals would also send a dangerous misleading message, suggesting that those responsible for grave offences can evade justice, thereby encouraging an environment of lawlessness,” the court held.
Published – October 15, 2024 08:14 pm IST
