The High Court dismissed the State's criminal appeal preferring acquittal. The Court held that a confession made in the presence of police and mediators violates Section 25 of the Indian Evidence Act and is inadmissible, and theTest Identification Parade failed statutory requirements, warranting the benefit of doubt.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[337s ]
I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL APPEAL NO: 10 OF 2017
Criminal Appeal under Section 378 (3) & (1) of Cr.P.C. against the Judgment dated 14-05-2015 made in S.C. No. 503 of 2014 on the file of the Court of the Judge, Family Court-cum-Vlll Additional Sessions Judge, Mafrabubnagar.
Between:
The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad
...Appellant / Complainant
AND
Wadde Raju, S/o. Ananthaiah, Age 22 years, Caste Wadde, Occ. Auto Driver, R/o. Kodur Village, Mahabubnagar District
...Respondent / Accused
Counsel for the Appellant Sri Syed Yasar Mamoom Additional Public Prosecutor
Counsel for the Respondent :
None Appeared
The Court delivered the following Judgment :
I
/
I
THE HONOURABLE SRIJUSTICEP.SAM KOSHY AND THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL APPEAL NO.10 oF 2017
JUDGMENT:(Per Hon'ble SriJustice N. Tukaramji)
The present appeal is directed againstthe judgment of acquittal dated 14.05.2015 in S.C.No.503 of 2014 passed by the Judge, Family Court-cum-Vlll AdditionalSessionsJudge, t Mahboobnagar.
2 We have heard Mr. Syed YasarMamoon,learned Additional Public Prosecutor for the appellanUState.None appeared for the respondenVaccused.
3(i) Briefly stated theprosecution caseis that on '18.03.2014 Donthapally Narsamma/r!ff€asad(hereinafter,'thedeceased') left to Pedda Darpally to visit her relatives and didnot return.On 28.03.2014 a missing reportwas registered inCrime No.SB of 2014
(ai) Subsequently anotherpolice report was lodged by the Vrllage Revenue Officer/Pw-9stating that an unknown female deadbody was found in Sy.No.477of Kodur villagesituated beside Raichur road in MuikiThumma Chetlu.
PSXJ&N tRJ 2 Crla l0 2017
(iii) ln the course of investigation ofanothercase the then Circle lnspector of Police/Pw-12arrestedthe accused and during interrogation in thepresence ofmediators/Pws.Gand 7, the accused said to have madea statementof admission as to doing away with the life of the deceased.Basing on the statement recovered silver anklets/M.O.4of the deceased and other stolen properties from the house of accused. Thuscharge sheeted the accused for the offences underSections 302,379 and 201 of the IPC.
PSKJ&NTRJ Crla_I0 2017
3
/
,,
accused beyondreasonable doubt for the charged offencesand recorded acquittal.Aggrieved thereby the respondenUState prefened this apPeal.
II
PSKJ&NIU Crla l0 2017
4
lti
PSKJ&NTR' Crla_ I 0_201 7
5
,),
to have handed over topolice by referringthe name of the deceased and theplace ofoccurrenceas outskirtsof Kodur village.
I
t t
I
PSKJ&NTRJ Crla l02017
6
I
in consonance with the evidence on record. Consequently, the
appeal filed by the respondenUState is liable to be dismissed.
As a sequel,pending miscellaneouspetitions, if any,shall
stand closed.
I
Sd/. T. SRINIVAS DEPUTY REGIS R //TRUE COPY// I
CTION OFFICER
To,
VA/gh
LRV
HIGH COURT
DATED:0310912024
JUDGMENT
1 t- t
{ttl (-) 31 0:I 2,121 :'
*
€,(_: D. rl. L'-
CRLA.No.10 of 2017
DISMISSING THE CRLA
c+,u
4\t"
3 issues framed by the court
Whether a confessional statement made by an accused in the presence of a police officer and mediators during investigation is admissible under Section 25 of the Indian Evidence Act.
Whether recovery of silver anklets from the accused and subsequent test identification parade conducted without complying with statutory procedure prove guilt beyond reasonable doubt in light of the b
Whether the appeal challenging the acquittal of the accused should be allowed or dismissed.
5 provisions across 3 enactments
The State of Telangana, Rep. by the Public Prosecutor
Wadde Raju
P.SAM KOSHY
N.TUKARAMJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
