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Man convicted and acquitted in the same case almost at the same time!Views: 140
Dec 12, 2008 10:58 am Man convicted and acquitted in the same case almost at the same time!
The Times of India
9 Dec 2008

HYDERABAD: Hymad Pasha, the man from Adilabad who was pronounced guilty of killing his wife by one bench and acquitted by another bench in the AP High Court, was actually set free from Cherlapally jail on October 1 this year.

This was two days after the judgment of the second division bench that acquitted him was pronounced on September 29. It can be recalled he was undergoing life imprisonment awarded to him by the sessions judge of Adilabad for harassing his wife and causing her death.

Meanwhile, high court officials are examining the issue to decide on their next course of action to rectify this major legal error. "Chief Justice Anil Ramesh Dave is examining the issue," U Durga Prasada Rao, registrar (judicial) of the high court, told TOI on Monday.

When contacted by TOI, Shanti Neelam, the counsel who was entrusted the case by the HC legal aid wing to argue on behalf of Hymad, said this episode should highlight the need for a foolproof mechanism that would not give rise to such strange developments.

"Think of a situation where some bigwigs who do not want a particular convict to come out file an appeal on his behalf and neglect the case when it is heard and ensure the dismissal of his appeal. This may happen in areas where faction-related killings are taking place. The warlords in such cases may bury the chances of convicts coming out through this method," she said.

In Hymad's case, she said "it was I who argued the case that emanated from his personal appeal and the result is his acquittal." He may not be aware of the appeal that was filed on his behalf by the persons claiming to be his relatives, she said and called for a foolproof mechanism to be adopted.

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