The High Court allowed the criminal appeal against conviction for offences under Sections 447, 341, and 323 IPC, as the offence had been compounded by the aggrieved person, resulting in acquittal under Section 320(8) Cr.P.C.
Criminal appeal allowed; conviction and sentence set aside; appellant acquitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 11TH DAY OF FEBRUARY 2016/22ND MAGHA, 1937
CRL.A.No. 2353 of 2009
SC 103/2009 OF ADDITIONAL SESSIONS COURT (ADHOC), ERNAKULAM
APPELLANT(S)/ACCUSED:
XAVIER BIJU, S/O.JOSEPH, MUTTUNKAL VEEDU, COMPANYPPADY BHAGOM, CHERIYAKADAVU DESOM, KUMBALANGHI VILLAGE.
BY ADVS.SRI.THOMAS CHAZHUKKARAN
SRI.C.P.PEETHAMBARAN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.MAYA
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
CRL.A.No. 2353 of 2009
APPENDIX
PETITIONERS' ANNEXURES
ANNEXURE A: COPY OF THE JUDGMENT DATED 16/10/2009 IN SC.103/09 ON THE FILE OF THE ADDL.SESSIONS JUDGE (ADHOC I), ERNAKULAM.
RESPONDENTS' ANNEXURE
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
B. KEMAL PASHA, J.
................................................................ Crl. Appeal No. 2353 of 2009
............................................................... Dated this the 11th day of February, 2016
O R D E R
Heard the learned counsel for the appellant and the
learned counsel for PW1.
parties. PW1, the aggrieved person, who is the injured, has compounded the offence under Section 320(5) Cr.P.C. The offences are compoundable. There is no reason to discard
CRL.Appeal No. 2353 of 2009
-: 2 :-
the settlement arrived at between the parties. When PW1 has compounded the offence, the same can only be accepted. The composition of the offences has the effect of acquittal within the meaning of Section 320(8) Cr.P.C.
In the result, this Criminal Appeal is allowed and the conviction and sentence passed against the appellant by the court below are set aside. The appellant is acquitted within the meaning of Section 320(8) Cr.P.C.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
1 issue framed by the court
Whether a criminal appeal against conviction should be allowed when the offence has been compounded by the aggrieved person under Section 320 Cr.P.C.
2 provisions across 1 enactments
XAVIER BIJU
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
