MADURAI: A flaw committed by the Additional Chief Judicial Magistrate in recording the confessional statement in the sensational Meenakshi-Sundareswarar Temple blast case has gone in favour of the accused.

The second fast track court judge, M. Sekar, acquitted Venkatesh alias Shiekh Dawood Mustafa citing defects in recording the confessional statement. The judge pointed out errors in police investigation also.

Judgement in the case investigated by the Special Crime Branch of the Central Bureau of Investigation (CBI) was delivered here on Tuesday.

On May 18, 1996, Venkatesh, along with his relative Nagooran (since deceased), caused an explosion at Ekadasi Lingam Swamy Sannadhi on the second corridor of the Meenakshi Sundareswarar Temple.

A case under various Sections of IPC and Indian Explosives Act was registered against the accused and handed over to the CBI for investigation later.

Referring to non-compliance of mandatory procedures while recording confessional statement under Section 164 (4) Criminal Procedure Code, Mr. Sekar observed that the then Additional CJM had not given his certificate at the foot of the statement.

Citing a Madras High Court order, the judge said "the magistrate while recording confession under Section 164 must follow the procedural formalities and ensure that all requirements of the provisions are complied with properly. The certificate/memorandum as one required under Section 164 is mandatory."

As the Additional CJM had passed away, the clerk (who was present while recording the confession) gave his statement. However, the judge said the clerk's submission could not be treated as that of the Additional CJM.

The prosecution said that the accused, Mustafa, had demonstrated the act of his associate Nagooran, who triggered the blast.

But the individual location of the suspects in the temple, as recorded by the investigation agency, was not visible to each other and hence the evidence was not acceptable, the judge said.

The charges made against the accused were not proved beyond reasonable doubt, he added.

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