Wrongly Convicted Database Record
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Charge: |
Child Molestation |
Sentence: |
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Years Imprisoned: |
1.5 |
Year Crime: |
2006 |
Year Convicted: |
2012 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
India |
County or Region of Crime: |
Tamil Nadu |
City of Crime: |
Vengal |
Result: |
Judicially Exonerated |
Summary of Case: |
"A male teacher was wrongly convicted in 2012 of molesting a female student in August 2006 in in Vengal, India. In 2006 the teacher worked at a school run by the Sevalaya Trust in the Tirulallur district in Vengal, Tamil Nadu, India. The girl was 13 and a student at the school in 2006. The mother of the alleged victim lodged a complaint against the teacher (and another teacher) in June 2008 -- 22 months after the incident allegedly occurred in the school's physics laboratory -- but the Tirulallur police investigated and submitted a report to the Tirulallur Collector that no such incident had taken place at the school. The Vengal police registered an FIR in 2008 as directed by a judicial magistrate, and closed the case after finding no evidence to support the complaint. The mother was later able to obtain an order for a Crime Branch Criminal Investigation Department investigation, which resulted in the filing of molestation charges against the teacher (but not the other teacher allegedly involved.) During the teacher's trial no evidence was admitted regarding the second teacher allegedly involved, and there was no testimony about any of the alleged details of the alleged molestation. A classmate of the alleged victim testified as a prosecution witness. After the teacher was found guilty following his bench trial, the teacher appealed. His convictions were affirmed on March 30, 2015 by an appeals court in Tamil Nadu's Tiruvallur district. He appealed that ruling. In November 2017 the Madras High Court quashed the conviction of the teacher and ordered his acquittal on the basis the prosecution failed to introduce sufficient evidence to prove his guilt beyond a reasonable doubt. The Court stated that the testimony of the victim's classmate who allegedly witnessed the incident was "highly artificial" and "unbelievable." The Court also noted that the 22 month delay in filing the complaint was suspect, stating: "In the above circumstances, the delay in filing the complaint cannot be lightly viewed. Besides, the complaint is also bereft of details of the alleged sexual harassment. Even though the complaint stated that two persons, including the petitioner, had allegedly misbehaved with PW2 (victim), no evidence was let in respect of the other person. ... PW 1 (victims mother), in her cross examination, was unable to answer for the same... In the result, the criminal revision is allowed. The conviction and sentence imposed on the petitioner are hereby set aside and the petitioner is acquitted from both the charges. Fine amount, already paid, if any, shall be refunded to the petitioner."" |
Conviction Caused By: |
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Innocence Proved By: |
In November 2017 the Madras High Court quashed the conviction of the teacher and ordered his acquittal on the basis the prosecution failed to introduce sufficient evidence to prove his guilt beyond a reasonable doubt. |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Indian |
Information Source 1: |
"HC acquits teacher in molestation case, By Mohamed Imranullah S., The Hindu, November 10, 2017" |
Information Location 1: |
http://www.thehindu.com/news/cities/chennai/hc-acquits-teacher-in-molestation-case/article20070340.ece |
Information Source 2: |
"Court Confirms 2 Year Jail for Teacher Who Molested Student in Tamil Nadu School All India, By J Sam Daniel Stalin (Edited by Shailaja Neelakantan), ndtv.com, March 30, 2015" |
Information Location 2: |
https://www.ndtv.com/india-news/court-confirms-2-year-jail-for-teacher-who-molested-student-in-tamil-nadu-school-750826 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org