‘May be true’ vs ‘must be true’: Death sentence set aside by Madras HC

A division bench comprising Justice S Vimala and Justice S Ramathilgam while acquitting the person, said, “The case diary and other relevant documents shall be transferred to CBI, Chennai, which is directed to conduct de-novo investigation and file the final report before the committal court, within three months from the date of receipt of a copy of this judgment.” 

“We make it clear that if the investigation reveals or confirms the involvement of the accused in the second innings also, it is open to the prosecution to proceed against him, in accordance with law,” the bench added and noted, “If at all the trial court has felt the agony of a four- year-old child having been done to death, when it finds that there is no evidence, either a re-trial or de-novo trial or further investigation ought to have been ordered.” 

“Leaving those options, it is not fair and proper for the trial court to have awarded a death sentence in respect of an offence for which there is no evidence,” the bench said. 

As per the case, the accused Manikandan and Paramasivam, the deceased girl’s father, were known to each other and their relationship soared to the extent of exchanging money. The accused had borrowed Rs 5 lakh from the girl’s father. But because of loss in the brick making business, he was unable to repay it. 

Hence, the accused felt offended and developed a sense of revenge, when the father made persistent demands for return of money. On June 13, 2013, the accused kidnapped the deceased from her school and after murdering her, threw away the body in the well of one Sundaramurthy. The Fast Track Mahila Court, Thiruvannamalai, found the accused Manikandan guilty and sentenced him to life for kidnap and death for murder.