In correcting a 20-year-old murder judgment passed by a Ganjam district court, the Orissa High Court earlier this week acquitted an appellant-convict, who has already spent more than 21 years and nine months behind the bars.
The HC ordered for his immediate release from jail.
One Sadhu Pradhan of Kantapada village in Ganjam district had been arrested in November 1997 in connection with the murder of a village woman.
He was also booked for theft as some ornaments of the deceased were found missing when her body was fished out from a village canal.
Holding trial, the Brahmapur Sessions Judge in August 1999 convicted Sadhu under Section 302 (murder) of IPC and sentenced him to undergo life imprisonment.
Sadhu was, however, absolved of theft charges as the trial court refused to believe the statements of two child witnesses on this account.
Unsuccessfully abjuring the allegations in defence ever since his arrest, Sadhu preferred a criminal revision appeal petition in the High Court in September 1999 in which he challenged his conviction and sentence orders passed by the trial judge.
A Division Bench of the High Court comprising Justices SK Mishra and AK Mishra, which had completed hearing of the appeal in July this year, on Monday delivered the judgment holding the trial court of committing error in not appreciating the evidence in proper perspectives.
The HC observed that the prosecution had failed in ascertaining the motive behind the murder and child witnesses were found unreliable. “On such doubtful evidence, no conviction can be allowed to sustain as prosecution is required to prove the case to the hilt,” the High Court said.