Kochi | Jan 16, 2026

The Kerala High Court has overturned the conviction and life sentence of a man accused of murder, who had spent 14 years in judicial custody, ruling that he was denied a fair trial. A bench comprising Justices Raja Vijayaraghavan and K.V. Jayakumar highlighted serious procedural lapses during the trial, which extended over seven years after charges were framed.

According to the judgment delivered on January 12, the accused faced a prolonged custodial trial that was “conducted in a piecemeal manner.” The bench observed multiple deficiencies in the handling of the case by the Sessions Court. Notably, the accused was unrepresented by a competent lawyer for a substantial period, had to cross-examine key witnesses on his own, and several witnesses were examined in his absence.

The High Court also noted that the Sessions Judge assumed the role of public prosecutor, conducting chief examinations herself in the absence of the official prosecutor. This approach, the bench said, was “illegal and unfair” and violated the accused’s constitutional right to a fair trial.

The trial had commenced in July 2012, and the accused was convicted in October 2019, remaining in judicial custody throughout. The court recorded that the case had been adjourned over 100 times after charges were framed, with the Sessions Judge prioritizing other cases over this custodial trial. The prolonged delay—over five years after the framing of charges—was deemed “unjustifiable and not compelling” by the High Court.

The bench further emphasized that considering the statutory provisions, constitutional mandate, and Supreme Court precedents, it was clear that the accused had been denied a fair trial. Consequently, the High Court allowed the appeal, setting the accused free and directing that any fine paid—₹50,000 in this case—be refunded.

Given that the accused had spent 14 years in custody spanning investigation, inquiry, trial, and pendency of appeal, the High Court concluded that ordering a denovo trial would not be just, fair, or proper.

The incident in question took place on September 18, 2011, during Onam celebrations near Pampady in Kottayam district. According to the prosecution, an altercation broke out between two groups involved in a card game, during which the accused stabbed the victim, who later succumbed to his injuries.

This judgment underscores the importance of timely and impartial trials, especially in cases involving long-term custodial detention, and highlights systemic concerns around judicial delays that can compromise the rights of the accused.

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