Wrongly Convicted Database Record

 

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Havaldar Rakesh Dhaka

 

Charge:

Assault (Including Battery)

Sentence:

Years Imprisoned:

Year Crime:

Year Convicted:

Year Cleared:

2010

U.S. State or Country of Crime:

India

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Havaldar Rakesh Dhaka was a member of India's Army Ordnance Corps. when he was wrongly convicted after a summary military court martial of assaulting his subordinate and misbehaving with his senior officers. Dhaka refused to sign a "plea of guilt," and the court martial judges assumed that constituted an admission of guilt. After finding Dhaka guilty he was sentenced to dismissal from the military. Dhaka appealed, arguing he had been found guilty based only on "conjectures and surmises," and "The court martial should have gone ahead with a full trial and should not have dismissed me summarily." In July 2010 the Armed Forces Tribunal set-aside Dhaka's conviction and sentence. Justice S. S. Kulshreshtha ruled that a "plea of guilt" must be signed to give it authenticity, so Dhaka's unsigned plea "has no significance." Kulshreshtha also said the "burden of proof rests on the prosecution. By merely acting on the so-called plea of guilt the burden is not discharged. The prosecution must stand on its own legs for basing its findings.""

Conviction Caused By:

Innocence Proved By:

In July 2010 the Armed Forces Tribunal set-aside Dhaka's conviction and sentence.

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Tribunal quashes dismissal of Army Havaldar, By PTI, ZeeNews.india.com, July 19, 2010"

Information Location 1:

http://zeenews.india.com/news/nation/tribunal-quashes-dismissal-of-army-havaldar_642155.html

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