Kerala: Former minister Antony Raju convicted in the 36-year-old evidence tampering case
The court held Antony Raju, along with the first accused K.S. Jose (a former court staff member), guilty under several grave sections of the Indian Penal Code (IPC). The proven charges include:
Thiruvananthapuram: In a major setback to sitting MLA Antony Raju, a judicial magistrate court has found him guilty in the three and a half year old evidence tampering case. In the landmark verdict that has sent ripples through Kerala’s political landscape, the Nedumangad Judicial First Class Magistrate Court has found former Minister and sitting MLA Antony Raju guilty in the notorious evidence tampering case.
The judgment brings a conclusion to a legal saga that spanned over three and a half decades.
The court held Antony Raju, along with the first accused K.S. Jose (a former court staff member), guilty under several grave sections of the Indian Penal Code (IPC). The proven charges include:
The court held Antony Raju, along with the first accused K.S. Jose (a former court staff member), guilty under several grave sections of the Indian Penal Code (IPC). The proven charges include:
IPC 120B: Criminal Conspiracy.
• IPC 409: Criminal breach of trust by a public servant (a serious offense that can carry a sentence up to life imprisonment).
• IPC 193: Punishment for false evidence (fabrication of evidence).
• IPC 201: Causing disappearance of evidence of offence.
• IPC 34: Acts done by several persons in furtherance of common intention.
However, the court acquitted him of the charge under Section 420 (Cheating), stating that the prosecution failed to establish the specific grounds for that particular section.
The case background
The case dates back to 1990, when an Australian national, Andrew Salvatore Cervelli, was arrested at Thiruvananthapuram airport for smuggling contraband (charas). The primary evidence was a pair of underwear in which the drugs were allegedly hidden.
Antony Raju, who was then a junior lawyer representing the accused, was charged with conspiring with a court clerk to retrieve the underwear from court custody and alter its size. By making the garment too small to fit the accused, the defense successfully argued in the High Court that the evidence was planted, leading to the Australian National's acquittal in 1991.
Since the court found the accused guilty under Section 409, which carries a potential sentence exceeding seven years, the Magistrate Court does not have the jurisdiction to pronounce the final sentence. Consequently, the case has been referred to the Sessions Court for the formal pronouncement of the sentence.
The verdict poses a significant threat to Antony Raju’s political career. Under the Representation of the People Act, any legislator sentenced to two years or more in prison faces immediate disqualification from the Legislative Assembly.