Dismissed

Tresa J. v. State of Kerala

Kerala HC9 Dec 2020Crl.MC/4695/2019

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous petition seeking further investigation in a case for alleged sexual offences. The court rejected the plea as inappropriate and prejudicial at the trial stage, noting that injury evidence could be produced via medical certificates.

What did the court decide?

Criminal miscellaneous case dismissed; Trial court to consider separate application for production of wound certificate.

Tresa J. Vs State of Kerala — Service and Employment | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942

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Crl.MC.No.4695 OF 2019(F)

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AGAINST THE ORDER/JUDGMENT IN ST 2140/2017 OF GRAMA NYAYALAYA, PERINAD KOLLAM

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CRIME NO.1568/2012 OF Kundara Police Station , Kollam

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PETITIONER/S:

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TRESA J. AGED 27 YEARS

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W/O.JOSEPH, PRATHIBHA, PADAPPAKKARA P.O., PADAPPAKKARA, KOLLAM DISTRICT-691503.

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BY ADVS.

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SRI.S.SREEKUMAR (KOLLAM) SHRI.MOHAMMED SALIH K.A.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 SHO OF POLICE, KUNDARA POLICE STATION, KUNDARA, KOLLAM DISTRICT, PIN-691501.

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3 DISTRICT POLICE CHIEF, KOLLAM, PIN-691501.

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4 M.A.SUBRAMANIAN, PERSONNEL MANAGER, KERALA SYRAMIC, KUNDARA, PIN-691501.

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Crl.MC.4695/2019

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R4 BY ADV. SRI.PHILIP T.VARGHESE R4 BY ADV. SRI.THOMAS T.VARGHESE R4 BY ADV. SMT.ACHU SUBHA ABRAHAM R4 BY ADV. SMT.V.T.LITHA R4 BY ADV. SMT.K.R.MONISHA R4 BY ADV. SMT.SHRUTHI SARA JACOB R4 BY ADV. SMT. NITYA R. R4 BY ADV. SHRI.AMALA PURUSHOTHAMAN R4 BY ADV. SMT.AMRUTHA RAMESH R4 BY ADV. SHRI.ADHIL P.

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.4695/2019

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V.G.ARUN, J.

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CRL.M.C.No. 4695 of 2019

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Dated this the 9^th day December, 2020

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O R D E R

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Petitioner is the de facto complainant in S.T.No.2140 of 2017 pending on the files of the Grama Nyayalaya, Perinadu. The case originated from Crime No.1568 of 2012, registered at the Kundara Police Station for offences under Sections 509, 354 and 341 of IPC. Petitioner is seeking further investigation of the crime on the premise that the injuries sustained by her due to the manhandling and attempt to commit rape by the 4^th respondent was not investigated. According to the petitioner, if this aspect was investigated, the offence under Section 376 would have been incorporated.

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The prayer is vehemently opposed by the learned counsel for the 4^th respondent pointing out that the request for further investigation at the stage of trial should not be allowed. It is contended that, if the petitioner wants to bring in evidence regarding the injuries sustained by her during the incident, she could always seek production of the wound certificate and for summoning the Doctor.

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I find substance in the contention urged by the learned counsel for the 4^th respondent. It would be inappropriate and also prejudicial to the 4^th accused, if further investigation is ordered at this belated stage.

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Crl.MC.4695/2019

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Moreover, no further investigation is required for the purpose of letting in evidence regarding the injuries sustained by the petitioner, which can very well be proved by causing production of the wound certificate and examination of the Doctor.

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In the result, the Crl.M.C is dismissed, without prejudice to the petitioner’s right to move the trial court seeking production of the wound certificate and examination of the Doctor who issued the certificate. In the event of such application being made, the trial court shall consider the application and pass expeditious orders thereon in accordance with law.

Sd/-

V.G.ARUN, JUDGE

vgs

Crl.MC.4695/2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	CERTIFIED COPY OF FIR & F.I.S STATEMENT IN CRIME NO.1568/2012 OF KUNDARA POLICE STATION DATED 13.9.2012.
ANNEXURE A2	CERTIFIED COPY OF FINAL REPORT IN CRIME NO.1563/12 OF KUNDARA POLICE STATION DATED 19.10.2012.
ANNEXURE A3	TRUE COPY OF WOUND CERTIFICATE ISSUED FROM DISTRICT HOSPITAL, KOLLAM DATED 23.8.2012.
ANNEXURE A4	TRUE COPY OF OUTPATIENT TICKET ISSUED TO THE PETITIONER FROM DISTRICT HOSPITAL, KOLLAM DATED 23.8.2012.

Tresa J. v. State of Kerala

Case brief

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What did the court decide?

Tresa J. v. State of Kerala

Case brief

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What did the court decide?

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