The Kerala High Court quashed pending criminal proceedings against the petitioner. Holding that acquittal of co-accused based on contradictory victim evidence destroyed the prosecution case substratum, thus no purpose is served in trying the petitioner who later surrendered.
Proceedings in S.C.No.263 of 2016 before the Assistant Sessions Court, Alappuzha are quashed.
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 K.ABRAHAM MATHEW
THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940
Crl.MC.No. 1915 of 2018
SC 263/2016 OF ASSISTANT SESSIONS COURT, ALAPPUZHA DISTRICT CRIME NO. 622/2008 OF HARIPAD POLICE STATION.
PETITIONER/ACCUSED
NIDHIN, AGED 35 YEARS, S/O. VARGHESE, MEDACKAL HOUSE, VEEYAPURAM PANCHAYATH WARD NO. XII, VEEYAPURAM MURI, VEEYAPURAM VILLAGE.
BY ADVS.SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031.
BY PUBLIC PROSECUTOR SRI.C.K. PRASAD
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PBS
Crl.MC.No. 1915 of 2018
APPENDIX
PETITIONER'S ANNEXURES
ANNEXURE A1 COPY OF THE CHARGE IN CRIME NO. 622/2008 OF HARIPAD POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT DATED 11/04/2016 OF ASSISTANT SESSIONS COURT, ALAPPUZHA IN S.C.NO. 311/2010
RESPONDENT'S ANNEXURE NIL
/TRUE COPY/
PA TO JUDGE
PBS 6/4/2018
K.ABRAHAM MATHEW, J.
Crl.M.C.No.1915 of 2018
Dated this the 5th day of April, 2018
O R D E R
The petitioner was the 2nd accused in S.C.No.311 of 2010 on the file of the Assistant Sessions Court, Alappuzha. He along with co-accused allegedly committed offences under Sections 308, 323 and 324 IPC. As the petitioner was absconding only the other accused was tried. As per Annexure A2 judgment he was acquitted. Later the petitioner surrendered before the court below and he was released on bail. His case is now pending as S.C.No.263 of 2016. His prayer is to quash the proceedings as against him on the ground of acquittal of the co-accused.
Crl.M.C.No.1915/2018
2
prosecution case was destroyed. There is no purpose in trying the petitioner.
In the result, this Crl.M.C is allowed. Proceedings in S.C.No.263 of 2016 on the file of the Assistant Sessions Court, Alappuzha are quashed. If any material objects have been produced in the case, the court below shall pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW, JUDGE.
True copy P.A to Judge
DG
2 issues framed by the court
Whether criminal proceedings against a petitioner-turned-absconding-accused should be held when co-accused are acquitted due to contradictory victim evidence.
Whether the substratum of the prosecution case being destroyed justifies quashing pending proceedings against an accused who surrendered later.
1 provisions across 1 enactments
NIDHIN
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
