Madras HC acquits death row convict in child abuse case: How ‘parrot’ statements of victims saved man from gallows | Today’s news

The Madras High Court has acquitted a man who was earlier sentenced to death for allegedly sexually assaulting five minors, all under the age of 10. According to a Live Law report, the High Court overturned the verdict citing several irregularities in the prosecution’s case.

Justice Anand Venkatesh and Justice KK Ramakrishnan said the evidence of the minors indicated that they were “coached” before making their statements. “The evidence of all the victims appears to be a parrot-like version in some crucial respects,” the court said, according to The Indian Express.

The case dates back to February 4, 2024, when the accused allegedly lured children to his home by offering them mobile phones to play games and promising to buy them snacks. He was accused of repeatedly sexually assaulting children, which led to his conviction and death sentence by a special POCSO court.

The case reached the high court as the state’s application to confirm the death sentence. The defendant also appealed the verdict and sentence.

Why did the Madras High Court acquit the accused?

The High Court said the prosecution’s case was marked by factual contradictions, omissions and other deficiencies, which raised reasonable doubts.

The court said that if such a doubt persists even after a careful examination of the evidence, the benefit of that doubt must be given to the accused.

Read also | Accused POCSO demands pizza, complains about dirty toilets in lock-up

“When a reasonable doubt survives conscientious judicial review, an acquittal is not an act of leniency, it is a command of the rule of law. If, after a comprehensive evaluation of the evidence, a reasonable doubt remains as to the alleged event itself and the involvement of the accused, the benefit of such doubt necessarily belongs to the accused. An acquittal under such circumstances cannot be a substantial consequence of justice; the prosecution will prove his guilt beyond a reasonable doubt,” the court said, according to Live Law.

The court expresses concern about the victims’ testimonies

The court also reviewed the statements of the child victims and their parents and agreed with the defense’s argument that some of the evidence appeared to be rehearsed or twisted.

The court said similarities in the accounts raised concerns about possible tutoring before the children gave statements to police and later gave evidence in court.

Read also | Kerala: POCSO case registered against four, including VHP leader, film director

“The evidence of the victims in this case indicates that the victims were tutored before giving their statements to the police and before filing in court. With regard to the above discussion of the victims’ statements, the court is of the opinion that the possibility of suggestive tutoring cannot be ruled out,” the court said.

The court also found discrepancies in the account of how the children gathered at the house of the accused.

The accused claimed that the alleged incident took place during the day in his house which had no door or window and was located in a densely populated residential area.

The children said they were screaming during the alleged assault, according to the defense. The accused claimed that if this happened, their cries would be heard by neighbors who would probably come to their aid.

The Supreme Court noted that no independent witness was examined to prove that the neighbors heard the children crying or tried to save them.

The court also took note of evidence suggesting that some of the children and their parents had quarreled with the accused earlier.

What did the medical evidence show?

The High Court also examined the medical evidence presented by the prosecution.

It noted that the medical findings were based largely on the stories told by the victims and their parents. Doctors found no internal or external injuries on the children.

The court said the medical evidence, when considered along with other flaws in the prosecution’s case, did not remove the doubt surrounding the charges.

The Supreme Court says the accused did not get a fair trial

The court also found serious concerns about the way the trial was conducted.

She stated that the accused did not receive a fair and meaningful trial, pointing to a lack of effective opportunity to consult and instruct his counsel, the absence of counsel on important occasions, concerns about the effectiveness of cross-examination, procedural irregularities involving victims and deficiencies in identification.

The court said these questions prejudiced the accused and affected his fundamental right to a fair trial under Article 21 of the Constitution.

“Considering the totality of the record, this court cannot find that the accused received a fair and meaningful trial. The cumulative effect of the denial of effective opportunity to consult and instruct counsel, the absence of counsel on substantive occasions, the inadequacy of the record regarding effective cross-examination, procedural irregularities involving the victims, deficiencies in identification, failure to comply with due process, and failure to comply with basic due process results in a failure to comply with due process.” the court cited Live Law.

Court warns of “trial in the media”

The High Court has also criticized the possibility of using criminal law without sufficient vetting, particularly in cases that attract considerable public attention.

The court said judges must not allow public pressure or media narratives to influence their assessment of evidence.

“This case is a classic textbook illustration of how draconian statutory provisions can be weaponized, holding an innocent person under the suspended sword of the death penalty. At a time when courts in the media often declare guilt long before the conclusion of a trial, high-profile cases generate intense public anticipation. Courts cannot and must not be guided by popular outcry or public testimony on the narrative they build on the public. The evidence is exhaustively analyzed so that no stone is left unturned,” the court noted.