Leaving aside the life sentence awarded to a person in a murder case, the Kerala High Court ruled that he was denied a fair trial.
Hailing from Kottayam, Babu CG has spent 14 years in jail since 2012 after being convicted by a trial court under Section 302 and Section 324 of the IPC. He was accused of fatally stabbing another person while playing cards at a club in Pampady, Kottayam in 2011. The Supreme Court said that a judge cannot assume the role of prosecutor and ruled that ineffective legal aid, delays and the judge in the process of assuming the role of prosecutor struck at the roots of due process guaranteed by Article 21 of the Constitution. The Sessions Judge in this case assumed the role of public prosecutor and conducted the “examination-in-chief” herself, exceeding the powers vested in the court, the Division Bench said.
In addition, many witnesses were questioned in the absence of the accused person, while the trial was adjourned more than 100 times, she added. The person who was jailed appealed to the High Court, claiming that he had been convicted without a proper assessment of the evidence. He served seven years in judicial custody alone, until 2019.
Published – 16 Jan 2026 20:50 IST
