A Thiruvananthapuram trial court on Saturday found Kerala ruling front MLA and former Transport Minister Antony Raju guilty in the infamous underwear evidence tampering case. 

The case traces back to 1990, involving the arrest of Australian national Andrew Salvatore Cervelli.

The case that shook Kerala courts

The case began when Cervelli was caught at Thiruvananthapuram airport on 4 April 1990, carrying 61.5 grams of contraband hidden in his underwear. Raju, then a junior lawyer under renowned advocate Celine Wilfred, represented him.

While the trial court convicted Cervelli and sentenced him to ten years in prison with a ₹1 lakh fine, the Kerala High Court later acquitted him. The court cited doubts over whether the underwear presented as evidence actually belonged to the accused, which ultimately helped him evade conviction.

Charges against Raju and co-accused

In 1994, a criminal case was filed against Antony Raju and court clerk Jose. They were accused of tampering with the underwear evidence that had aided Cervelli’s acquittal. A lengthy 12-year investigation culminated in a 2006 charge sheet, accusing Raju of criminal conspiracy, cheating, dishonestly inducing delivery of property, and causing the disappearance of evidence.

The trial court found that Raju conspired with Jose to alter the underwear evidence, favouring the accused in the Kerala High Court. The court pointed out that the tampering ensured a verdict favourable to the accused in appeal.

Supreme Court revival and verdict

Raju challenged the proceedings, arguing that only the court could act under Section 195(1)(b) of the CrPC. While the Kerala High Court initially agreed, the Supreme Court overruled it in November 2024, allowing the trial court to complete the case.

Following the Supreme Court ruling, the trial court (Nedumangad) delivered its verdict on Saturday, holding Raju and Jose guilty. The quantum of punishment is expected afternoon.

Key legal details

IPC sections involved: 120B, 201, 193, 409, 34

Main accused: Antony Raju (then junior lawyer, now MLA and former Transport Minister)

Co-accused: Jose (court clerk)

Case significance: Tampered underwear evidence used in High Court appeal