HYDERABAD: A bench of the Telangana High Court on Friday acquitted Wadde Raju, an auto driver from Kodur village in Mahbubnagar district of the murder of one Shanthamma.
The Family Court-cum-VIII Additional Sessions Judge in Mahbubnagar convicted and sentenced Raju to life imprisonment on May 11, 2015, following which he moved the high court.
In addition to the life sentence, Raju was previously sentenced to two years of simple imprisonment for theft under Section 379 IPC and three years of simple imprisonment for causing the disappearance of evidence under Section 201 IPC. All sentences were set to run concurrently, and a fine of Rs 5,000 was imposed.
Hearing Raju’s appeal, a bench of Justice K Surender and Justice Anil Kumar Jukanti said that found that the sessions judge had convicted him based on witness testimonies, including that of the son of the deceased, and evidence such as the seizure of items allegedly belonging to the victim. However, the bench found the evidence to be highly inconsistent and the prosecution’s case was riddled with discrepancies.
One of the key points of contention was the testimony of the deceased’s son, who identified his mother’s body and personal items. However, he later stated in cross-examination that he only learned of his mother’s death on May 7, 2014, well after the body was cremated on April 29, 2014. This contradiction raised serious doubts about the reliability of the identification process.
The high court also found the confession made by Raju was obtained in the presence of police personnel and therefore inadmissible under Section 25 of the Indian Evidence Act. The only exception to this rule is evidence of recovery under Section 27 of the Indian Evidence Act.