Suresh @ Unni @ Vadi Suresh vs. State of Kerala (Supreme Court, 30 April 2024)
Background
Suresh @ Unni @ Vadi Suresh was convicted by the trial court for murder and related offences arising from an incident in 2006, where he was alleged to have participated in a violent attack resulting in death and injuries. The charges included Sections 302 (murder), 147 (rioting), 148 (rioting with deadly weapons), 149 (unlawful assembly), 324 (causing hurt by dangerous weapons), 307 (attempt to murder), 326 (causing grievous hurt), 427 (mischief), and 449 (house-trespass to commit offence punishable with death) of the Indian Penal Code. His conviction was affirmed by the Kerala High Court.
Key Issues
Whether the conviction could be sustained solely on the basis of the accused’s identification in court, especially in the absence of a Test Identification Parade (TIP).
The reliability of the recovery of an iron rod allegedly used in the crime, recovered over two years after the incident.
Supreme Court’s Analysis
The Supreme Court, led by Justices B.R. Gavai and Sandeep Mehta, scrutinized the identification evidence and the circumstances of the recovery. The Court noted:
The identification of the accused in court occurred for the first time more than four and a half years after the incident, without any prior Test Identification Parade. The Court found this highly unreliable, especially since the accused had been shown to witnesses by the police beforehand.
The possibility of mistaken identity was significant, as the accused was described by different names (“Unni” in the first charge-sheet and “Suresh alias Vadi Suresh” in the second), further undermining the prosecution’s case.
The recovery of the iron rod, allegedly the weapon used in the crime, was made over two years after the incident from an open place. The Court found it implausible that blood stains would remain on the rod after such a long period, especially as two monsoons had occurred in the interim. This cast serious doubt on the credibility of the recovery.
Judgment and Outcome
The Supreme Court acquitted Suresh @ Unni @ Vadi Suresh of all charges, holding that conviction based solely on belated in-court identification and questionable recovery evidence was unsustainable. The Court allowed the appeal and set aside the concurrent findings of the lower courts.
Significance
This judgment reiterates that convictions cannot rest solely on in-court identification made years after the incident, especially without a Test Identification Parade, and stresses the need for credible, corroborated evidence in serious criminal cases.
Citation: Suresh @ Unni @ Vadi Suresh v. State of Kerala, 2024 INSC 350, Supreme Court of India, Judgment dated 30 April 2024.
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