Wrongly Convicted Database Record

 

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Parikhita Dehury

 

Charge:

Murder

Sentence:

Life Imprisonment

Years Imprisoned:

7.67

Year Crime:

2010

Year Convicted:

2011

Year Cleared:

2017

U.S. State or Country of Crime:

India

County or Region of Crime:

Odisha

City of Crime:

Bisoi

Result:

Judicially Exonerated Released

Summary of Case:

"Parikhita Dehury was wrongly convicted on March 7, 2011 of murder in Rakadkacha, Odisha, India in 2010. Dehury was arrested on February 19, 2010, and he was charged on June 15, 2010. After his conviction by a judge he was sentenced to life in prison. Dehury appealed. On October 28, 2010 the Orissa High Court set aside Dehury's conviction and ordered his acquittal on the basis the trial court had "not assessed the evidence on record properly," and consequently, the impugned judgment and order of conviction passed by it "suffers from infirmity." The court noted the evidence on record indicated nobody had seen the actual assault on the deceased. The Court's ruling stated: "The conclusions which were drawn by the trial court in convicting the appellant (Parikhita Dehury) are perverse and against the weight of evidence on record. Accordingly, the conviction of the appellant under section 302 of the Indian Penal Code is not sustainable in the eye of law. We, therefore, set aside the impugned judgment and order of conviction of the appellant under section 302 of the Indian Penal Code and sentence passed thereunder. ... There is no material of any pre-concert of mind between the appellant and co-accused Bibhisan Dehury, who is still absconding. Even as per the FIR, the appellant had not come to the spot with any weapon or instigated the co-accused to commit the crime. Merely coming together and decamping from the spot together without anything else cannot be factor in the present scenario to attract the common intention." The Court further stated concerning if Dehury was in jail custody: "If that be so, he should be released forthwith unless his detention is required in any other case.""

Conviction Caused By:

Innocence Proved By:

"On October 28, 2010 the Orissa High Court set aside Dehury's conviction and ordered his acquittal on the basis the trial court had "not assessed the evidence on record properly," and consequently, the impugned judgment and order of conviction passed by it "suffers from infirmity.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Indian

Information Source 1:

"Court orders release of lifer, By Lalmohan Patnaik, The Telegraph, November 8, 2017"

Information Location 1:

https://www.telegraphindia.com/states/odisha/court-orders-release-of-lifer-182979

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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