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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
14.58 |
Year Crime: |
2003 |
Year Convicted: |
2005 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
India |
County or Region of Crime: |
Odisha |
City of Crime: |
Kakatbhima |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Batri Santa was wrongly convicted of murder on February 4, 2005 in the Indian state of Odisha. Santa's prosecution was based on his alleged extra-judicial confession to three people and an eyewitness that he murdered Guru Santa with an axe in Kakatbhima village on February 3, 2003. Santa was arrested and charged on May 14, 2003. After his conviction following a bench trial, Santa was sentenced to rigorous imprisonment for life. Santa appealed. On December 15, 2017 a two-judge panel of the Orissa High Court quashed Santa's conviction and ordered his acquital on the basis the eyewitness account was "not acceptable," Santa's extra-judicial confession "not believable," and the police investigation was deficient because fingerprint evidence on the murder weapon wasn't investigated. The Court's ruling stated: " "...when the eye witnesses' account is not acceptable, when the evidence relating to the extra-judicial confession is also not believable and ... no attempt has been made by the investigating agency for verification of the finger print on the axe sticking to the head of the deceased, we are of the view that the impugned judgment and order of conviction of the appellant is not sustainable in the eye of law". The Court explained why Santa's extra-judicial confession was not reliable prosecution evidence: "When there is no evidence of close acquaintance of the appellant (Batri Santa) with any of the three witnesses nor had they got any status in the society to help the appellant in any manner and the prosecution evidence is silent on all these aspects, it is very difficult to speculate as to what prompted the appellant to confide with those three witnesses to make a voluntary disclosure. Thus, the evidence related to extra-judicial confession does not inspire confidence,"" |
Conviction Caused By: |
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Innocence Proved By: |
"On December 15, 2017 a two-judge panel of the Orissa High Court quashed Santa's conviction and ordered his acquital on the basis the eyewitness account was "not acceptable," Santa's extra-judicial confession "not believable," and the police investigation was deficient because fingerprint evidence on the murder weapon wasn't investigated." |
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Was Perpetrator Identified? |
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Sex: |
Male |
Skin/Ethnicity: |
Indian |
Information Source 1: |
"Statement made out of court not valid: HC, By Lalmohan Patnaik (Reporter), January 3, 2018" |
Information Location 1: |
https://www.telegraphindia.com/states/odisha/statement-made-out-of-court-not-valid-hc-198150 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org