The Hindu : Front Page : Relief to man for "mistaken jail term"

Online edition of India's National Newspaper
Wednesday, Jun 13, 2007
ePaper

Front Page

Front Page

Relief to man for "mistaken jail term"

Staff Reporter

MADURAI: The Madurai Bench of the Madras High Court on Tuesday directed the State Government to pay Rs.10, 000 as compensation to a person who was "mistakenly" jailed for more than a year. The Pudukottai police wrongly detained him in a rape case as his name and initials were similar to that of the real accused.

Allowing a petition filed by him, Justice G. Rajasuria said that he could see considerable force in the petitioner's argument that he had been a victim of flagrant violation of human rights. Hence, he exonerated the petitioner from the criminal case and directed the Government to disburse the compensation amount within three months.

The petitioner, K. Selvaraj of Kadiyapatti village in Pudukottai, said that the K. Pudupatti police in the district had registered a case against four persons for abducting and raping a minor girl on April 20, 1988.

According to the complainant, one of the abductors, V. Bose, forcibly tied a wedding knot and raped her before leaving her back at home after three days.

The first accused in the case was K. Selvaraj of Singampunari village near Kovilpatti.

The police could not trace the accused for nearly 15 years despite a non-bailable warrant issued by the Pudukottai Chief Judicial Magistrate. In an "anxiety" to bring the case to an end, the police "wrongly" arrested the present petitioner on October 10, 2005.

Immediately, his wife sent telegrams to the Chief Minister's Cell and the High Court Chief Justice. She also moved the Chief Judicial Magistrate to discharge her husband from the case. Even as her plea was pending, she filed a bail application before the Madurai Bench wherein the Government advocate admitted that her husband was mistakenly arrested. Hence, he was enlarged on bail on December 21, 2006.

Armed with the Government advocate's admittance, the petitioner had again moved the Bench seeking monetary compensation and criminal prosecution against the police officers.

Printer friendly page
Send this article to Friends by E-Mail

Front Page