High Court of Kerala quashed criminal proceedings against the petitioner as original third accused in kidnapping and rape case, noting acquittal of main accused and settlement between parties made prosecution unlikely.
Criminal Misc. Case No. 157 of 2010 andSessions CaseNo.1247/2009 against petitionerquashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931
Crl.MC.No. 157 of 2010()
----------------------------------SC.1247/2009 of ADDL. DIST. & SESSIONS COURT FAST TRACK-II, TRIVANDRUM.
PETITIONER/A2
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SHAIJU, S/O. ABDUL HAMEED, PARANKIMAMVILA VEEDU, PERAYATHUMUKAL, MANICKAL VILLAGE.
BY ADV. MR.SHAJIN S.HAMEED
RESPONDENTS/CW2
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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SWATHI SUNDER, AGED 21, D/O. LATHA, SIJULAYAM VEEDU, NELLANADU VILLAGE, NELLANADU MURI, THIRUVANANTHAPURAM.
R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R2 BY ADV. MR.K.K.DHEERENDRAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.Sasidharan Nambiar, J.
Crl.M.C.No.157 of 2010
ORDER
Petitioner was the third accused in S.C.No. 609/2006 on the file of Additional Sessions Court, Thiruvananthapuram. As accused 2 and 3 were absconding, the case as against them was split up and refiled as S.C.No.1247/2009. Accused 1 and 4 were tried by the learned Additional Sessions Judge. By Annexure-B judgment, those accused were acquitted. Prosecution case is that on 19.7.2004 at about 7 a.m., with the object of committing rape on the second respondent, first accused enticed her by promising to marry her and with the knowledge of the fourth accused and assistance of accused 2 and 3, kidnapped her in car KL-02/B 502, belonging to the first accused and driven by the petitioner, brought her to a thatched shed at Kottavasal of Schencottah Taluk and first accused committed rape on her. Thereafter, fourth accused, knowing that first accused committed rape on the second respondent, brought the first accused and second respondent in Tata India car driven by him to House No. AP.11/132 and from there also, first accused committed rape on the second respondent and all the accused,
CRMC 157/10 2
thereby, committed offences under Sections 212, 363 and 376 read with Section 34 of Indian Penal Code. This petition is filed by the original third accused to quash the proceedings as against him contending that entire disputes with the second respondent were settled and the prosecution case is fictitious and even if petitioner is tried, there is no likelihood of a conviction and in such circumstances, the case is to be quashed.
CRMC 157/10
3
second respondent, later married the second respondent and they are now living as husband and wife. Accused 1 and 4 were tried by the learned Additional Sessions Judge and by Annexure-B judgment, they were acquitted. In view of the order of acquittal as against accused 1 and 4, what remains as against the petitioner is that he aided and assisted the first accused to kidnap the second respondent and to commit rape on her. When, based on the evidence, learned Additional Sessions Judge found that there is no evidence to find that the accused committed either kidnapping or rape, even if petitioner is to be directed to undergo the ordeal of a trial, in the light of Annexure-C affidavit filed by the second respondent, there is no likelihood of a successful prosecution. At best, it would result only in unnecessary waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue the prosecution.
Petition is allowed. S.C.No.1247/2009 on the file of Additional Sessions Court, Thiruvananthapuram as against the petitioner is quashed.
17th February, 2010 tkv
(M.Sasidharan Nambiar, Judge)
2 issues framed by the court
Whether criminal proceedings against the petitioner for aiding kidnapping and rape should be quashed given the settlement of disputes and acquittal of main accused.
Whether there is likelihood of successful prosecution against the petitioner in the light of lack of evidence and settlement between parties.
1 provisions across 1 enactments
Shaaju, S/o. Abdul Hameed
The State of Kerala
Swathi Sunder
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
