Sushama S v. State of Kerala
Case brief
What is this about?
The High Court allowed a criminal appeal challenging an acquittal order. The trial court had acquitted the accused under Section 256(1) Cr.P.C because the complainant failed to appear on the appointed date due to a mistake by counsel. The High Court held the absence was not wilful, set aside the acquittal, restored the complaint for trial, and directed disposal within six months.
What did the court decide?
The judgment acquitting the accused under Section 256(1) Cr.P.C was set aside. The complaint was restored for trial with a direction to the Trial Court to dispose of the matter within six months.