Accused who had absconded and faced a split-up trial sought quashing of proceedings after co-accused were acquitted. Finding that the injured witness's testimony was unreliable and the prosecution case eroded by the acquittal judgment, the court held continuance served no purpose.
Proceedings in C.C.No.146/2020 against the petitioner 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 BECHU KURIAN THOMAS
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
CRL.MC NO. 1985 OF 2024
CRIME NO.16/2012 OF PAMPA POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.146 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, RANNI
PETITIONER/ACCUSED NO.2:
MAHESH, AGED 30 YEARS
KATTUKUNNIL (H), ATTATHODE P.O.,
TRIVENI VILLAGE, PERUNADU VILLAGE,
RANNI TALUK, PATHANAMTHITTA DISTRICT – 689 662.
BY ADV AJAI BABU
RESPONDENT/STATE & DEFACTO COMPLAINANT :
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.
2GOPI, AGED 52 YEARS
MOOZHIKKAL HOUSE, ATTATHODU PADINJAREKKARA COLONY,
PERUNADU MURI, PERUNADU VILLAGE,
PATHANATHITTA DISTRICT, PIN – 689 711.
RENJITH T.R. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 1985/2024
2
BECHU KURIAN THOMAS, J
......….............................................
Crl.M.C.No.1985 of 2024
…................................................
Dated this the 21st day of May, 2024
ORDER
Petitioner is the 2nd accused in C.C.No.146/2020 on the files of the
Judicial First Class Magistrate Court, Ranni, which arose out of Crime No.16/2012 of Pampa Police Station. Though he was arrayed as the second accused in C.C.No.628/2012 before the said court, prior to the commencement of the trial, petitioner absconded, and therefore, the case against him was split up while the trial against the remaining three accused proceeded. By judgment dated 02.03.2020, the learned Magistrate acquitted the remaining three accused. Petitioner, who claims
to stand on the same footing as those acquitted, claims the benefit of the acquittal of the co-accused.
to a prior enmity with the de facto complainant and with the common intention trespassed into his house with dangerous weapons and after restraining him brutally assaulted the de facto complainant with an iron
CRL.MC 1985/2024
3
rod and stick and also caused mischief by destroying the utensils and caused a loss of Rs.15,000/-; and thereby committed the offences under
Sections 341, 452, 323, 324 and 427 r/w Section 34 of the Indian Penal Code, 1860.
CRL.MC 1985/2024
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the prosecution case was that the incident happened at 7 p.m. The learned Magistrate specifically observed that, apart from all the ocular witness cited by the prosecution, being totally ignorant of the alleged occurrence and failed to support the prosecution case, the testimony of PW1 itself was replete with discrepancies and disparities. The court found that the evidence of the PW1 failed to inspire the confidence of the court with regard to the reliability of the prosecution case especially without any independent corroboration.
CRL.MC 1985/2024
5
Crime No.16/2012 of Pampa Police Station, is hereby quashed.
The Crl.M.C.is allowed as above.
sd/-
BECHU KURIAN THOMAS JUDGE
AMV/22/05/2024
CRL.MC 1985/2024
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APPENDIX OF CRL.MC 1985/2024
PETITIONER ANNEXURES
ANNEXURE A1A TRUE COPY OF THE FIRST INFORMATION REPORT
DATED 25.02.2012 IN CRIME NO. 16/2012 OF THE
PAMBAPOLICESTATION,PATHANAMTHITTA
DISTRICT.
ANNEXURE A2A CERTIFIED COPY OF THE FINAL REPORT DATED
25.03.2012 SUBMITTED IN CRIME NO. 16/2012 OF
THE PAMBA POLICE STATION, PATHANAMTHITTA
DISTRICT.
ANNEXURE A3A TRUE COPY OF THE JUDGMENT DATED 2.3.2020 IN
CC NO. 628/2012 ON THE FILES OF JUDICIAL
MAGISTRATE OF FIRST CLASS, RANNI.
TRUE COPY
1 issue framed by the court
Whether the benefit of the acquittal of co-accused can be extended to an absconded accused whose trial was split up.
1 provisions across 1 enactments
Mahesh
State of Kerala
Gopi
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court