Dealing a blow to the prosecution, the Special Additional Sessions Court (Marad cases), on Wednesday, acquitted all the 17 accused in the murder of Democratic Youth Federation of India activist C.K. Shibin of Nadapuram in Kozhikode.
According to the prosecution, Shibin, 19, was killed by an armed gang allegedly owing allegiance to the Indian Union Muslim League at Vellur, near Thooneri, around 10 p.m. on January 22, 2015. Six others, including two Congress workers, had also been injured in the attack. Special judge S. Krishnakumar said “the prosecution failed to establish a case beyond reasonable doubt against the accused persons.” It had not presented the true version. In its 135-page order, the court said that the prosecution had not been able to examine independent witnesses during trial. Some of these witnesses “gave a parrot-like version acting under a conspiracy to depose to one set of facts” which was unreliable.
FIR 'deliberately delayed'
The court said that the FIR had been deliberately delayed after “discussions and deliberations” with party leaders. A discrepancy was found in the ‘scene mahassar’ prepared by the investigating officer Kuttiyadi Circle Inspector Dinesh Koroth.
Another flaw was the suppression of material evidence and non-examination of many witnesses. The prosecution had not been able to explain the injuries to the accused. Two motorbikes allegedly used by the assailants were removed even before the FIR was filed. The evidence of forensic expert was highly doubtful.
