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Wrongly Convicted Database Record
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Charge: |
Murder and Rape |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
2.43 |
Year Crime: |
2009 |
Year Convicted: |
2012 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
India |
County or Region of Crime: |
Maharashtra |
City of Crime: |
Pune |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Mohiniraj Yashwant Kulkarni was 82 when he was wrongly convicted on January 3, 2012 of the rape and murder of a 10-year-old girl whose family was his neighbor, in Pune, India on October 14, 2009. The girl, Rohini, was unconscious from being strangled by a scarf when her mother, Rekha Randive, and her uncle took her to the Poona Hospital, where she later died. Rekha was arrested on suspicion of being involved in the crime, and during her interrogation she alleged that she was involved in a sexual relationship with her 79-year-old neighbor Kulkarri for whom she did housework, and he confessed to her he committed the crime. Rekha, 30, told the police that Kulkarni offered her Rs 50,000 (about US$850) to keep silent. Rekha told police she cleaned bloodstains and changed her daughter's clothes before she was taken to the hospital. Rekha was charged as an accessory, but the charges were dropped and she was released from custody when she agreed to be an "approver" and testify against Kulkarri. Rekha was the prosecution's key witness during Kulkarni's trial, because there was no physical or forensic evidence tying him to the crime, although the prosecution argued that a spot of blood on his clothing could be the victim's blood. After his convictions Kulkarni was sentenced to life in prison for murder, 10 years rigorous imprisonment for rape, and three years rigorous imprisonment for destroying evidence. Kulkarni was denied bail pending the outcome of his appeal, but his appeal was expedited because of his age. On June 10, 2014 the Bombay High Court set-aside Mohiniraj Yashwant Kulkarni's conviction on the basis of insufficient evidence of his guilt, and ordered his acquittal and immediate release from custody. The Court noted that there were discrepancies in the testimony of witnesses and the evidence was otherwise weak. The Court noted there was no evidence by the examining Medical Officer at the hospital the victim had been sexually assaulted, that Rekha's son found her mangalsutra (necklace) where her daughter's body was found, and there was no corroborating evidence supporting Rekah's testimony Kulkarni was present when the girl was killed. The appeals court noted: ""On the basis of rickety evidence, the prosecution has failed to complete the chain of circumstances against the accused. Rekha has not crossed the initial hurdle of being a reliable witness and therefore, there is no question of the court looking for corroborative evidence. Even that exercise (of looking for corroborative evidence) has proved futile as we have noticed that there is no corroborative evidence worth the name which would corroborate the testimony of Rekha in material particulars." The Court also noted that post-trial DNA testing of the blood spot on Kulkarni's clothing established it was his blood, so it did not implicate him in the girl's murder. It is the first known case where post-trial DNA testing has contributed to a defendant's exoneration." |
Conviction Caused By: |
False accusation by the victim's mother. |
Innocence Proved By: |
"On June 10, 2014 the Bombay High Court set-aside Mohiniraj Yashwant Kulkarni's conviction on the basis of insufficient evidence of his guilt, and ordered his acquittal and immediate release from custody." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
82 |
Age When Released: |
84 |
Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"HC cites ‘rickety evidence’ to acquit 84-year-old for child’s rape & murder, By Asseem Shaikh (TNN), The Times of India, June 14, 2014" |
Information Location 1: |
http://timesofindia.indiatimes.com/city/pune/HC-cites-rickety-evidence-to-acquit-84-year-old-for-childs-rape-murder/articleshow/36518036.cms |
Information Source 2: |
"82-yr-old held guilty of rape and murder of minorBy Express News Service, The Indian Express, January 3, 2012" |
Information Location 2: |
http://indianexpress.com/article/cities/pune/82yrold-held-guilty-of-rape-and-murder-of-minor/ |
Information Source 3: |
"Rape and murder of minor: Mohiniraj’s bail plea rejected, By Express News Service, The Indian Express, April 18, 2012" |
Information Location 3: |
http://indianexpress.com/article/india/india-others/rape-and-murder-of-minor-mohinirajs-bail-plea-rejected/ |
Information Source 4: |
"HC Acquits 82 Yr Old in Case of Rape, Murder of Minor, By Staff writers, Outlook (Mumbai, India), June 14, 2014" |
Information Location 4: |
http://www.outlookindia.com/news/article/HC-Acquits-82-Yr-Old-in-Case-of-Rape-Murder-of-Minor/844632 |
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Information Location 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org