Wrongly Convicted Database Record

 

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Geallal Raghubar

 

Charge:

Sexual Assault (includes aggravated)

Sentence:

10 years

Years Imprisoned:

3.67

Year Crime:

2001

Year Convicted:

2009

Year Cleared:

2012

U.S. State or Country of Crime:

South Africa

County or Region of Crime:

KwaZulu-Natal

City of Crime:

Verulam

Result:

Judicially Exonerated Released

Summary of Case:

"Geallal Raghubar was wrongly convicted on February 18, 2009 of sexually assaulting a six-yea-old boy in Verulam, South Africa. Raghubar's conviction was solely based on the testimony of the alleged victim, who was 14 at the time of his trial. Raghubar was sentenced to 10 years in prison. On November 30, 2012 South Africa's Supreme Court of Appeal overturned Raghubar's conviction on the basis the judge did not follow proper procedures in the swearing in of the alleged victim who gave contradictory testimony."

Conviction Caused By:

Judge erred in swearing in the alleged victim who gave contradictory testimony.

Innocence Proved By:

"On November 30, 2012 South Africa's Supreme Court of Appeal overturned Raghubar's conviction on the basis the judge did not follow proper procedures in the swearing in of the alleged victim who gave contradictory testimony."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

Geallal Raghubar v The State (148/12) [2012] ZASCA 188 (30 November 2012)

Information Location 1:

http://www.justice.gov.za/sca/judgments/sca_2012/sca2012-188.pdf

Information Source 2:

"Magistrate lambasted over sex abuse trial, By Kamini Padayachee, IOL News, December 4, 2012"

Information Location 2:

http://www.iol.co.za/news/crime-courts/magistrate-lambasted-over-sex-abuse-trial-1.1435121#.UnAmBn_91Ro

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