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Orissa
Release order passed on evidence that they were sentenced to life on mistaken identity BERHAMPUR: Two tribals of Gajapati district, who were sentenced to life imprisonment following “mistaken identity” now see some ray of hope. “The High Court has taken into consideration evidences like voter identity card to ascertain their real identity to grant them bail,” said Upendra Nayak, the lawyer of the tribals. The Parlakhemundi Additional Sessions Judge passed the release order on Wednesday of the two tribals – Moninga Kandha and Sitinga Majhi – of Mandrabaju village. The duo lodged in the Berhampur circle jail would be released on bail only after the release order reaches the circle jail by post. Mob attack On December 30, 1999, a mob attacked a police camp near the village. The police opened fire leading to the death of eight tribals and one dalit. The police submitted charge-sheet against 32 persons of the village. Two tribals – Sonkia Majhi and Bathili Majhi – figured in the list of accused persons who were absconding. It was alleged that the police arrested Moninga Kandha and Sitinga Majhi in place of the absconding persons. According to Hirima Majhi, wife of Sitinga, and Maria Kandha, wife of Moninga, “illiteracy, ignorance and fear of police” prevented them from opposing their arrest on mistaken identity. On June 23, 2005, the Additional Sessions Judge, Parlakhemundi, convicted four persons, including the duo, and sentenced them to life imprisonment. The wives of the two tribals then approached the National Human Rights Commission and the High court. AppealAn appeal under Section 374 (2) of the CrPC was filed in August 2008 seeking consideration of the real identity of the convicted persons. Copies of the voter identity card, BPL card and voter list were furnished in support of the claim. “At last, the High Court has taken into consideration the evidences in support of the real identity to grant them bail,” said Mr. Nayak.
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