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Wrongly Convicted Database Record
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Charge: |
Assault (Including Battery) |
Sentence: |
6 months |
Years Imprisoned: |
0.5 |
Year Crime: |
1999 |
Year Convicted: |
1999 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
India |
County or Region of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Rakesh Kumar was wrongly convicted of assault on July 5, 1999 while he was a Constable with India's BSF. In June 1999 Kumar was charged with assaulting the post commander with his rifle butt. Kumar claimed that while drunk his post commander "pounced on him and punched [Kumar] under his eyes" causing him to fall down, and that he falsely accused Kumar of assaulting him "in order to save himself from any possible charge of using criminal force against the petitioner." The post commander had a minor cut on his face that he alleged was caused by Kumar hitting him with a rifle butt. Kumar was a nine-year veteran, and he was convicted on July 5, 1999 by an SSFC trial based on the assumption he had pled guilty, and he was dismissed from the BSF sentenced to six months rigorous imprisonment. Kumar appealed based on his claim he had not pled guilty, his trial wasn't held in accordance with proper procedures, and the facts upon which his conviction was based were false. On April 30, 2012 the High Court of Delhi at New Delhi set-aside Kumar's alleged guilty plea, reinstated his plea of not guilty, and quashed his conviction. The Court ordered Kumar's reinstatement with payment to him of all back pay from July 1999 and and ordered Rs.60,000 restitution for his six months of imprisonment. The Court also ordered that all the money was to be paid to Kumar within four weeks after which the balance will be subject to 9% interest payable to Kumar." |
Conviction Caused By: |
The trial court erroneously assumed that Kumar had pled guilty. |
Innocence Proved By: |
"On April 30, 2012 the High Court of Delhi at New Delhi set-aside Kumar's alleged guilty plea and quashed his conviction by reinstating his plea of not guilty. The Court ordered Kumar's reinstatement with payment to him of all back pay from July 1999 and and ordered Rs.60,000 restitution for his six months of imprisonment. The Court also ordered that all the money was to be paid to Kumar within four weeks after which the balance will be subject to 9% interest payable to Kumar." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"Ex. Constable Rakesh Kumar vs Union Of India & Ors. on 30 April, 2012, No. W.P.(C) No.6917/1999 (Delhi High Court, 4-30-2012)" |
Information Location 1: |
http://indiankanoon.org/doc/195469770/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org