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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
Life imprisonment |
Years Imprisoned: |
4 |
Year Crime: |
1996 |
Year Convicted: |
1997 |
Year Cleared: |
2019 |
U.S. State or Country of Crime: |
India |
County or Region of Crime: |
Orissa |
City of Crime: |
Barkolia |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Bhagaban Gouda was wrongly convicted on August 22, 1997 of murder in the death of Padma Gouda on May 11, 1996 at Barkolia, Orissa, India. Gouda was prosecuted based on circumstantial evidence the prosecution argued established he killed Pama Gouda during a property dispute. After his conviction in the Court of Additinoal Sessions Gouda was sentenced to life in prison. He appealed, and was released on bail on May 16, 2001. Gouda was taken back into custody on August 30, 2019. On November 5, 2019 the Orissa High Court set-aside his conviction and ordered his acquittal on the basis the prosecution failed to introduce evidence sufficient to prove his guilt beyond a reasonable doubt. The ruling by the division panel of Justice SK Mishra and Justice AK Mishra ruled: “On anatomical survey of evidence on record, the prosecution is found to have failed to prove the circumstances from which the conclusion of guilt of accused could be drawn. The chain is incomplete for which the accused is to be given benefit of doubt. The judgment assailed is not sustainable in the eye of law.” The Court ordered Gouda's release from custody." |
Conviction Caused By: |
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Innocence Proved By: |
"On November 5, 2019 the Orissa High Court set-aside his conviction and ordered his acquittal on the basis the prosecution failed to introduce evidence sufficient to prove his guilt beyond a reasonable doubt. The ruling by the division panel of Justice SK Mishra and Justice AK Mishra ruled: “On anatomical survey of evidence on record, the prosecution is found to have failed to prove the circumstances from which the conclusion of guilt of accused could be drawn. The chain is incomplete for which the accused is to be given benefit of doubt. The judgment assailed is not sustainable in the eye of law.”" |
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Was Perpetrator Identified? |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Indian |
Information Source 1: |
"Odisha HC acquits murder accused after 22 years: In August 1997, the Court of Additional Sessions Judge had convicted Bhagaban for the murder of his mother and sentenced him to life imprisonment, By Express News Service, The New Indian Express, November 7, 2019" |
Information Location 1: |
https://www.newindianexpress.com/states/odisha/2019/nov/07/odisha-hc-acquits-murder-accused-after-22-years-2058209.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org