Criminal Revision Petition against an acquittal. The High Court held that after a long lapse of time, no circumstances existed to interfere with the Trial Court's finding based on hostile witness testimony and lack of corroborative evidence.
The revision petition was dismissed; the order of acquittal stands affirmed.
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 BECHU KURIAN THOMAS
FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
CRL.REV.PET NO. 2994 OF 2004
AGAINST THE ORDER/JUDGMENTCC 1808/2000 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,TIRUR
REVISION PETITIONER:
ALAVIKUTTY,
S/O MUHAMMED,
MARAKKARA, TIRUR TALUK,
MALAPPURAM DISTRICT.
BY ADV SRI.P.CHANDRASEKHAR
RESPONDENTS/ACCUSED/STATE:
1MUHAMMED KUTTY,
S/O KHADER,
MADAMBATH HOUSE, MELMURI AMSOM,, KAREKKA DESOM, P.O.
MELMURI, MALAPPURAM DISTRICT.
2 ALI HAJI S/O KHADER, MADAMBATH HOUSE MELMURI AMSOM, KAREKKAD DESOM,, P.O. MELMURI, MALAPPURAM DISTRICT.3 CHEKUTTY CHEKKU S/O UNEEN, PULLATTIL HOUSE, MELMURI.4 ALI SO. KHADER S/O KHADER, MADAMPATH HOUSE, MELMURI P.O., KAREKKAD,, MALAPPURAM DISTRICT.5 KUNHEEDU, S/O KHADER, MADAMPATH HOUSE, MELMURI P.O., KAREKKAD,, MALAPPURAM DISTRICT.6 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSIONON 07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:CRL.REV.PET NO. 2994 OF 2004
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BECHU KURIAN THOMAS, J.
Crl.R.P. No. 2994 of 2004
Dated this the 7th day of July, 2023
ORDER
The revision petitioner challenges the order of acquittal dated 31-05-2004 in C.C.No.1808/2000 on the files of the Judicial First Class Magistrate’s Court, Tirur.
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CRL.REV.PET NO. 2994 OF 2004
arising out of their political affiliations and that the possibility of false implication could not be ousted. Further PW-1 had not even mentioned the names of the accused at the first point of time when he was before the Doctor which was also taken as a reason to doubt the veracity of the prosecution case. The finding of the trial Court that the interested testimony of PW-1 alone was not sufficient to arrive at the conclusion regarding the guilt of the accused. The said finding cannot be said to be without any basis.
Accordingly, the revision fails and is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM/10/7/23
1 issue framed by the court
Whether the trial Court's finding of acquittal based on lack of corroboration and possibility of false implication warrants interference under revisional jurisdiction.
ALAVIKUTTY
MUHAMMED KUTTY
ALI HAJI
CHEKUTTY CHEKKU
ALI
KUNHEEDU
BECHU KURIAN THOMAS
As recorded by the court registry
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