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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
16 |
Year Crime: |
2002 |
Year Convicted: |
2004 |
Year Cleared: |
2018 |
U.S. State or Country of Crime: |
India |
County or Region of Crime: |
Odisha |
City of Crime: |
Nabarangpur |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Sadan Gouda was wrongly convicted on October 12, 2004 of murder in the death of his wife Sanai Gouda on January 20, 2002 in Nabarangpur, Odisha, India. Gouda's prosecution was based on his extra-judicial statement at the scene of his wife's murder that he had killed his wife, as he was brandishing an axe, Her body was lying in front of the kitchen with cut mark on her neck. After his conviction Gouda was sentenced to life in prison. Gouda filed an appeal petition in the Orissa High Court in January 2005. On January 17, 2018 a High Court division bench of Justice Indrajit Mahanty and Justice Biswajit Mohanty set-aside Gouda's conviction on the basis the prosecution failed to introduce evidence sufficient to prove his guilt beyond a reasonable doubt. The Court ruled the prosecution's evidence was "not enough to conclude" it was Gouda "who was the author of the crime." The Court also ruled: "At best, circumstances can give rise to a suspicion about the involvement of the appellant (husband), but law is well-settled that suspicion cannot take place of proof and that higher the gravity of offence, higher would be the standard of proof. Here, there exists no such proof." In India a defendant's extra-judicial confession (a confession made out of court) by itself is not a part of a judicial examination or investigation. The Court's ruling stated: "The prosecution has completely failed to prove extra-judicial confession to nail the appellant, on which the learned trial court has heavily relied. In this context, we must say that the trial court while coming to a conclusion that the extra-judicial confession made by the appellant has been proved has not dissected the evidence of witnesses with due care and caution. For all these reasons, the Jail Criminal Appeal succeeds and the impugned judgment is set aside and it is directed that the appellant shall be set at liberty forthwith, if his incarceration is not required in connection with any other case."" |
Conviction Caused By: |
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Innocence Proved By: |
"On January 17, 2018 a High Court division bench of Justice Indrajit Mahanty and Justice Biswajit Mohanty set-aside Gouda's conviction on the basis the prosecution failed to introduce evidence sufficient to prove his guilt beyond a reasonable doubt. The Court ruled the prosecution's evidence was "not enough to conclude" it was Gouda "who was the author of the crime."" |
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Was Perpetrator Identified? |
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Sex: |
Male |
Skin/Ethnicity: |
Indian |
Information Source 1: |
"High court quashes life term, By Lalmohan Patnaik, The Telegraph, February 1, 2018" |
Information Location 1: |
https://www.telegraphindia.com/states/odisha/high-court-quashes-life-term-205124 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org