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Kerala High Court Acquits Ex-Minister A. Neelalohithadasan Nadar in 1999 Modesty Case

The judge concluded the prosecution failed to meet the evidentiary threshold required for a sole-testimony conviction.

Overview

  • Justice Kauser Edappagath allowed Nadar's criminal revision, overturning the 2004 trial conviction and the 2005 appellate affirmation under Section 354 of the IPC.
  • The court found the more-than-two-year gap before the FIR was lodged to be a fatal flaw, noting the complainant remained silent even after the minister resigned in 2000.
  • Material contradictions and later additions in the complainant's accounts meant her evidence did not meet the 'sterling witness' standard.
  • Depositions from the complainant's relatives and colleagues were held inadmissible as hearsay under Section 60 of the Indian Evidence Act.
  • The judgment noted that some individuals present at the Kozhikode guest house were not examined or contradicted the complainant, warranting benefit of doubt to the accused.