Kishore Kerketta, who spent 10 years and eight months in Birsa Munda Central Jail must be exuberant as Jharkhand High Court on Thursday overturned his conviction in a murder case and declared him a free man.
"It is a case of no evidence (against Kishore). The real culprit must be roaming free in his village and the police have made no effort to apprehend him all these years," observed Chief Justice Virender Singh who alongwith Justice AV Singh was hearing his appeal case pending for over a decade.
The court also directed the Director General of Police (DGP) and the Home Secretary to expedite the arrest of the real killer.
Kishore's case was among the 334 criminal appeal cases which the Chief Justice got shortlisted for special hearing during the summer break.
The incident happened at Kundi Village of Itki block under Ranchi district on July 21, 1990 when Kishore, then 17 years, alongwith his friend Arun Kerketta went to one Bigni Orain and asked her to serve 'hadia' (locally brewed liquor). On denying the youngsters liquor, the tribal woman was attacked and died on the spot.
Ironically, the trial in the case dragged on for some 15 years during which most of the evidence exhibited by the public prosecutors found Arun Kerketta to be the real killer. There was only one injury mark on the body of the woman. Of the prosecution witnesses, only one testified against Kishore, who has struggled some 26 years to get a clean chit.In the meantime, Arun disappeared and the police made no effort to apprehend him. The lower court tried for some six months to ensure the presence of Arun but the police cared a damn for the court's notice.It, thereafter, split the case and pronounced the judgment on September 21, 2005 sentencing Kishore for life and declared Arun a permanent absconder.
Kishore filed an appeal thereafter and sought to be enlarged on bail. But the High Court refused him bail too. Incidentally, the High Court on Thursday heard his case just for 10 minutes and found him innocent.
"Kishore, obviously unable to engage a high-profile lawyer, would not have had to spend the prime time of his life in jail, had the High Court earlier heard him patiently," pointed out a lawyer requesting anonymity.
"Besides, it was also a fit case for granting compensation for wrongfully convicting and putting him in prison for 11 long years," he added.
But then, Kishore' case once again has established that several innocent tribals are languishing in jails, thanks to a flawed criminal justice system which they can't beat.
Also, a study, conducted by human rights activist Stan Swamy and others had recently found that among the convicts in Jharkhand jails, 34 per cent are tribals, 28 percent OBCs, 27 per cent belong to the general category and 11 per cent are members of the Scheduled Caste category. According to the study, of the undertrials, 31 per cent are STs, 30 per cent OBCs, 23 per cent belong to the general category and 16 per cent are SCs.