‘May Have Been A Thief But A Speaker Of Truth’ : CBI Court About Raju’s Testimony Which Turned Vital In Sister Abhaya Case

first_imgTop Stories’May Have Been A Thief But A Speaker Of Truth’ : CBI Court About Raju’s Testimony Which Turned Vital In Sister Abhaya Case LIVELAW NEWS NETWORK23 Dec 2020 8:32 AMShare This – xA human being who became a professional thief by the force of circumstances,but a speaker of truth nonetheless – Court about Raju.The crucial witness in the sensational Sister Abhaya murder case was a former thief named Raju, who happened to be in the premises of St Pious Tenth Convent at Kottayam on the fateful night of March 27, 1992.It was Raju @ ‘Adakka’ Raju’s testimony which linked Father Thomas Kottoor to the crime. Raju told the court that he saw two men in the convent compound during the wee hours of the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe crucial witness in the sensational Sister Abhaya murder case was a former thief named Raju, who happened to be in the premises of St Pious Tenth Convent at Kottayam on the fateful night of March 27, 1992.It was Raju @ ‘Adakka’ Raju’s testimony which linked Father Thomas Kottoor to the crime. Raju told the court that he saw two men in the convent compound during the wee hours of the crime night and identified one of them as Kottoor.The defence fiercely attempted to shake the credibility of Raju by placing strong reliance on his criminal antecedents. But Special CBI Court at Thiruvananthapuram found Raju, who was examined as Prosecution Witness 3(PW3), to be a credible witness regardless of his past.”PW3 may have been a thief, but he was and is an honest man, a simple person without the need to dissemble, a human being who became a professional thief by the force of circumstances,but a speaker of truth nonetheless”, the Court observed in the judgmentHe told the Court that when he went to the St. Pius X Convent Hostel for stealing the copper plate from the lightning rods installed at the terrace,he found that two men were approaching the staircase,with the aid of a torch light; according to him one of them was Thomas Kottoor and he was able to identify the accused in the dock. “It is noteworthy that PW3 was subjected to continuous, severe and grueling cross-examination by two lawyers for two long days, but he, uneducated and untrained though he was, stood his ground”, the Court observed.The CBI Court referred to the precedent of the Supreme Court in the case State of Uttar Pradesh v. Farith Khan 2005 (9) SCC 103 which held that while the testimony of a witness with a criminal background must be treated with caution, if such evidence gets sufficient corroboration with the evidence of other witnesses, there is nothing wrong in accepting such evidence.In this regard, the CBI court referred to the testimony of the convent cook Achamma(PW11) for corroboration of Raju’s deposition. The convent cook deposed that Fathers were in the habit of visiting the St. Pius X Convent Hostel and that PW11 would on such occasions be asked to cook sumptuous dishes to be served to the priests.The defence lawyer, Senior Advocate B Raman Pillai, argued that there were material contradictions in Raju’s testimony which show that he was a planted witness. But the Court disregarded such arguments by noting that the alleged contradictions were not material and that they could be errors which might have took place when the CBI officers recorded Raju’s statement in English.The Court said that such contradictions and omissions “completely fail to affect detrimentally the credibility of PW3 as a witness in this case”.”Considering the long delay between the occurrence, recording of statements and giving of evidence before the Court, minor discrepancies deserve to be ignored”, the Court said.”His demeanor during his examination by the defence, of showing a sign by rotating his right hand near his right ear is significant and speaks volumes; from this gesture, I comprehend his inability to recollect the statement given by him to the Magistrate. He was examined before this court on 29th August 2019, and the alleged incident took place on 27/03/1992, 27 long years have elapsed since then. So, mathematical precision and exact replication cannot be excepted in the deposition of a rustic witness who did not complete even elementary education”, CBI Judge Sanilkumar observed in the order.”The evidence of PW3 as a whole has consistency in material particulars, and is capable of inspiring confidence as his substantive statement before this Court is that on all the three occasions when he carried out his thieving operation, he entered into the St. Pius X Convent Hostel compound between 3 AM and3.30 AM but on the last occasion, he was compelled to wait outside the compound, watching the movement of the two men which made him be there till the sounding of the siren at 5 AM”, the judgment records.Raju subjected to tortureThe CBI Court also noted in the judgment that Raju was subjected to “inhuman torture” by the crime branch to force him to own up the murder of Sister Abhaya.The Court appreciated the fact that Raju stood his ground despite such pressures and also lures of money.”PW3 was taken by the Crime branch,Kottayam, into custody from Ramakkalmedu, Idukki District, and he was kept in Crime Branch Station of Eerayilkadavu, Kottayam for 58 days. He was subjected to inhuman torture to extract a confession from him to the effect that PW3 had committed the murder of Sister Abhaya. PW3 stood his ground and did not budge even an inch, where upon he was offered a substantial monetary reward and a job for his wife and the meeting of the educational expenses of his children and a house to live in, but he did not succumb to these blandishments”, the judgment noted with appreciation.Hewas subjected to prolonged cruel and inhuman physical torture and mental torment by DySP Sri. K. Samuel under the instigation of Crime Branch SP, Sri. K.T. Michael, the court noted.”PW3 (Raju) was subjected to prolonged cruel and inhuman physical torture and mental torment by DySP Sri. K. Samuel under the instigation of Crime Branch SP, Sri. K.T. Michael; the same is clear from the evidence of PW3 and PW8. Further, it can be seen from Ext.P106 series of judgments that PW3 was falsely booked in a catena of cases and he was pressurized by DySP Sri. K. Samuel as per the direction and supervision of Crime Branch SP, Sri. K.T. Michael, to take the responsibility of the crime of the murder of Sister Abhaya”, the court said while taking note of the allegations made by prosecution.”From the evidence of PW3, it can be established beyond all doubt that there was the presence of A1(Father Kottoor) in St. Pius X Convent Hostel, on the night of 26/27-3-1992 and no further proof is required in this matter and this conduct of A1 is sufficient to destroy completely the presumption of innocence of A1″.The CBI Court sentenced the convicts Father Thomas Kottoor and Sister Sephy, a priest and a nun of the Catholic Church, accepting the case of the Central Bureau of Investigation that Sister Abhaya was murdered by the convicts after she happened to witness their intimate exchanges inside the convent. Also Read : Sister Abhaya Case : 17 Circumstances Which Led CBI Court To Convict Father Thomas Kottoor & Sister SephySister Abhaya Case :CBI Court Says Two Police Officers Destroyed Material Objects; Asks State Police Chief To Ensure That Such Misdeeds Don’t Recur Click here to read/download the judgment(Detailed discussion of Raju’s testimony from paragraphs 116 to 158)Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Officials: Florida Woman Dies in Gunfire Exchange with Deputies

first_imgA Florida woman was shot and killed Saturday after firing at sheriff deputies, authorities said.The Pasco County Sheriff’s Office said in a series of Twitter posts that the woman fled during an investigation in Port Richey.According to authorities, the woman fired a shot at the deputies, who then shot back, striking her once.The suspect was treated by emergency personnel and was pronounced deceased. No deputies were injured. The criminal investigation regarding the female is ongoing and will be conducted by the Pasco Sheriff’s Office.— Pasco Sheriff (@PascoSheriff) June 27, 2020 The woman was pronounced dead at the scene after being treated by emergency personnel.None of the deputies were injured.The names of those involved have not been released.The Florida Department of Law Enforcement is conducting an investigation into the shooting.last_img read more

Murray Dispatches Rossol to Make Second Round

first_imgFaced with a sometimes explosive opponent who had pledged that he would take risks, Murray soaked up what he needed to and protected his own serve to the extent that he did not face any break points.He will now face world No 45 Marcel Granollers of Spain, having made it three British men in the US Open second round for the first time since 1978, joining Kyle Edmund and Dan Evans.Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegram Andy Murray sent an early signal that he is ready to make a serious run at the US Open title when he made it through to the second round with ominous ease, by beating Lukas Rosol 6-3 6-2 6-2 in what was his first match in the Arthur Ashe Stadium since its new roof was fully installed.Back under the watchful eye of Ivan Lendl for the first time since winning Wimbledon, the 29 year-old Scot was on the late night shift for his match against another Czech, Lukas Rosol.After a few close early games there were no indications of any fatigue from his exertions at the Olympics and Cincinnati Masters.last_img read more

Watch Mike Trout launch golf ball out of driving range, and deep into night

first_imgOn Monday, Bellinger was scratched from a spring training game against the Reds with side soreness. Manager Dave Roberts said the issue was not related to his appearance at Sunday’s charity event. After a backswing that rivals John Daly for its wrap-around length, Trout got the clubface back to absurdly square at impact, and the ball quickly left the facility, with maybe a slight right-to-left draw, leaving observers to only guess how far it actually traveled.See for yourself: Trout was one of several major leaguers to participate in Sunday’s event at a location friendly to the Cactus League spring training camps of many. According to the Pujols Foundation’s Twitter feed, Dodgers outfielder Joc Pederson, nearly traded to the Angels in the offseason, former Angel Kole Calhoun, Mike Moustakas of the Cincinnati Reds and Tommy Pham of the San Diego Padres were also participants.The Dodgers’ Cody Bellinger, the reigning National League MVP, also took a swing at it. A big swing: Mike Trout was hitting off a tee Sunday night. Not with a baseball bat, but with a golf club.Not surprisingly, the three-time American League most valuable player’s ball went far. Very far.With a remarkably straight flight path, it soared over the screen 250-300 yards from its launch pad, and disappeared into the desert night, with no sign of descending at it disappeared from view.Trout was appearing at “The Ultimate Drive” at the TopGolf facility in Scottsdale, Az., a charity event hosted by Angels teammate Albert Pujols, benefiting the Pujols Foundation and programs for individuals with Down Syndrome. Newsroom GuidelinesNews TipsContact UsReport an Errorlast_img read more

Metallica reunites with SF Symphony to open Warriors’ Chase Center

first_imgCLICK HERE if you are having trouble viewing these photos on a mobile device.Metallica, the biggest Bay Area band of all time, is set to open the new Chase Center in San Francisco.The band, which has sold more than 125 million albums worldwide, will rock the new home of the Warriors on Sept. 6, long before Steph Curry and company play their first official game in the 18,064-seat venue. And Metallica, consisting of vocalist-guitarist James Hetfield, drummer Lars Ulrich, guitarist Kirk Hammett …last_img read more

San Miguel, Kia change imports

first_imgRobredo should’ve resigned as drug czar after lack of trust issue – Panelo Robredo: True leaders perform well despite having ‘uninspiring’ boss PLAY LIST 02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice01:19Fire erupts in Barangay Tatalon in Quezon City01:07Trump talks impeachment while meeting NCAA athletes02:49World-class track facilities installed at NCC for SEA Games Lacson: SEA Games fund put in foundation like ‘Napoles case’ Hotel says PH coach apologized for ‘kikiam for breakfast’ claim PH needs to ‘continue to get better’ as rest of Southeast Asia catches up Biggest Pogo service provider padlocked for tax evasion Ethel Booba on hotel’s clarification that ‘kikiam’ is ‘chicken sausage’: ‘Kung di pa pansinin, baka isipin nila ok lang’ Wendell McKines. Photo by Tristan Tamayo/ INQUIRER.netAmid a subpar PBA Governors’ Cup showing so far, grand Slam-seeking San Miguel has changed its import, flying in Terik Bridgeman for Wendell McKines.The 6-foot-5 Bridgeman is a product of William Paterson University who went undrafted in the 2016 NBA Draft.ADVERTISEMENT NATO’s aging eye in the sky to get a last overhaul Sports Related Videospowered by AdSparcRead Nextcenter_img LATEST STORIES MOST READ San Miguel wasn’t the lone team who has made moves midway this season-ending conference, with winless Kia also replacing Markeith Cummings with Geron Johnson.The 25-year-old Johnson is fresh from his stint in Lebanon with Louaize, where he averaged 24.19 points, 8.65 rebounds, 6.19 assists, 2.85 steals, and 1.04 blocks.The Picanto have yet to taste a victory in the season-ending conference despite Cummings’ best efforts, netting 26.4 points, 8.0 rebounds, 2.4 assists, and 1.1 steals in the seven games he played.ADVERTISEMENT He recently wrapped up his stint with BC Cactus Tbilisi in Georgia, where he averaged 11.89 points, 8.46 rebounds, 1.36 assists, 1.39 blocks, and 1.32 steals.Bridgeman will take over for McKines, who had a decent showing for the Beermen but could not help the team from losing two of their last three games, including 100-103 defeat to NLEX last Sunday.FEATURED STORIESSPORTSSEA Games: Biñan football stadium stands out in preparedness, completionSPORTSPrivate companies step in to help SEA Games hostingSPORTSBoxers Pacquiao, Petecio torchbearers for SEA Games opening“We decided to take a different direction in consideration of our current team composition and health status. We welcome Mr. Bridgeman and hope that he could provide the things we need in order for us to be successful in this conference,” said San Miguel team manager Gee Abanilla in a text message to INQUIRER.net.McKines averaged 26.2 markers, 14.2 boards, 4.4 dimes, 1.4 blocks, and 1.2 steals in his five games for the Beermen. Trump signs bills in support of Hong Kong protesters Celebrity chef Gary Rhodes dies at 59 with wife by his side Don’t miss out on the latest news and information. View commentslast_img read more

CRTC report shows Canadians using more broadband and paying more for it

first_imgGATINEAU, Que. – The country’s telecom regulator says Canadians are demanding more, and faster, Internet access, especially on mobile devices.But critics complain that broadband speeds are not keeping up with that demand and it’s getting much more expensive to go online.In its annual communications monitoring report, the CRTC says there were three million more mobile broadband subscriptions taken out by Canadians in 2016 compared with the previous year, a 13.3 per cent increase.And the regulator says Canadians used an average of 1.2 gigabytes of data a month on their wireless devices, a 25 per cent hike from 2015.Average monthly consumption of data using home Internet connections was also up by more than 23 per cent in 2016 compared with the previous year, reaching 128.3 gigabytes, said the report.The CRTC said that, over the last five years, monthly data used by Canadians increased by an average of 40 per cent annually.CRTC chairman Ian Scott says the regulator is working with industry and consumers to ensure greater access.“As the industry continues to invest in their networks to meet current and future demands, the CRTC is establishing a fund to improve broadband access in remote and rural communities,” Scott said in a statement accompanying the report.But broadband advocacy group OpenMedia notes that nine out of 10 Canadians still haven’t subscribed to what the regulator considers “basic” Internet service.“It’s been almost a year since high-speed Internet was declared a basic service in Canada, but we are still far from this being a reality for the majority of Canadians,” said Katy Anderson, OpenMedia’s digital rights advocate.“We’re seeing continued cord-cutting across the country and a significant increase in data usage — but our telecommunications market has not kept up,” Anderson added, saying Canadians also face higher broadband prices than in many other countries, as well as caps on data use.The CRTC last year declared high-speed broadband — with speeds of 10 megabits per second (Mbps) for upload, and 50 Mbps for download — as a basic standard of service. The target date for reaching that goal was set at 2020. It also compelled telecommunications providers to pay $750 million over five years to build broadbrand infrastructure in rural and remote areas.By the end of 2016, those speeds were available to 84 per cent of Canadians, the regulator said.But higher speeds and more data usage has come at a price, with the average household spending $218.42 a month on communications services in 2015, a 1.7 per cent increase over the previous year, the CRTC said.Most of the monthly bill, 40 per cent, was spent on mobile devices, while 25 per cent went for TV services and 21 per cent for Internet. Just 14 per cent went to telephone services.last_img read more

The Warriors Were Ready For LeBron

For now, the chatter around Christmas Day game between the Cleveland Cavaliers and Golden State Warriors is about its lousy ending, thanks to lousy instant replay rules. The Cavaliers held a lead early, coughed it up in the third quarter, and hung around for what should have been a stirring finish before two no-calls on LeBron James drives derailed the game. Our loss. (Cleveland’s, too.) But underneath the dramatics was a game plan that saw the Warriors’ defense negate the Cavs’ best asset: LeBron’s driving and dishing.The Cavs were 6-for-21 with a 38.1 effective field goal percentage off of passes from James on Monday, according to data from Second Spectrum. On James’s 21 drives, he shot 4-for-6 but generated just one assist against three turnovers. Those numbers are uncharacteristically bad for one of the most effective driving facilitators in the game. Because the Golden State defense could switch so effectively — trading Kevin Durant for Draymond Green or Klay Thompson doesn’t exactly give LeBron the mismatch it does against other defenses — and could recover to shooters so well, the drive-and-kick game got itself into trouble.Sometimes, this led to turnovers by James when he was trapped or by his teammates when they received a pass under tighter coverage than they’re used to (one bad turnover by Kevin Love on the right wing comes to mind). Other times, passes from James were a little farther off-target than usual, requiring a shooter to gather and reset before firing, or they sailed out of bounds entirely. (LeBron is usually so precise that he can focus on whether teammates want seams or no seams when they receive a pass — high, low or midsection.) And even when things went to plan, the open shot at the end of a kick-swing-swing sequence sometimes fell to a non-shooter like Dwyane Wade. Often, the Warriors’ defense discouraged the drive altogether — a large chunk of James’s passes to shooters came above the free-throw line, to a shooter who’d flared on a pick-and-pop or a simple screen, far from the deadly help-defense-obliterating machine that usually powers the Cavalier offense.Here are all 21 shots created directly by James’s passes:James hasn’t always struggled to generate offense against this Warriors team. Even in a one-sided series like last season’s NBA Finals, the Cavs tended to shoot much better when James was passing to them than otherwise. But on Monday, they were miserable on plays LeBron set up and only very slightly less miserable on the ones that he didn’t.Maybe the Cavaliers can make enough gimmes to get back to their game in future matchups — they did miss a lot of open shots, too. And perhaps Patrick McCaw, a strong defender who is getting extra minutes while Stephen Curry is out with an ankle injury, changed things up a bit — McCaw probably won’t play quite the same role down the road. But those late-game no-calls aside, Durant’s defense on LeBron (and backup point guard Shaun Livingston’s on Wade) fundamentally changed the way the Cavs offense usually works.It was just one game, and the personnel should look vastly different when they play again just a few weeks from now with the returns of Curry and Cleveland guard Isaiah Thomas, who was in uniform Monday but glued to the bench. But what happened on Christmas in Oakland didn’t look like a one-off: It looked like a plan.Check out our latest NBA predictions. read more

Survey reveals SoCal drivers admit to using smartphones while driving

first_img April 3, 2019 KUSI Newsroom Survey reveals SoCal drivers admit to using smartphones while driving KUSI Newsroom, 00:00 00:00 spaceplay / pause qunload | stop ffullscreenshift + ←→slower / faster ↑↓volume mmute ←→seek  . seek to previous 12… 6 seek to 10%, 20% … 60% XColor SettingsAaAaAaAaTextBackgroundOpacity SettingsTextOpaqueSemi-TransparentBackgroundSemi-TransparentOpaqueTransparentFont SettingsSize||TypeSerif MonospaceSerifSans Serif MonospaceSans SerifCasualCursiveSmallCapsResetSave SettingsSAN DIEGO (KUSI) – April is National Distracted Driver Awareness Month. The Automobile Club of Southern California released a survey showing that 10% of adult drivers use their smartphones while driving.Drivers who are more likely to drive “in-texticated” are between 25-to-39 years old.About 10% of drivers who were in a car crash in the last five years believe smartphone distraction was a factor. Posted: April 3, 2019 Categories: Local San Diego News, Traffic & Accidents FacebookTwitterlast_img read more