In this criminal miscellaneous case, the High Court of Kerala quashed proceedings against the petitioner, allowing him the benefit of the acquittal granted to co-accused in a related trial.
All proceedings against the petitioner in S.C.No.391/2021 before the Assistant Sessions Court, Thiruvalla were 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 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
CRL.MC NO. 625 OF 2024
CRIME NO.1036/2010 OF Adoor Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.391 OF 2021 OF ASSISTANT
SESSIONS COURT/SUB COURT/COMMERCIAL COURT, THIRUVALLA
PETITIONER:
RENJITH @ RENJITHKUMAR
AGED 38 YEARS
S/O AJITH KUMAR, NAKKANNOOR THARAYIL HOUSE (HOUSE NO.
15/483) ELAMPALLIL MURI, THENGINAL, PALLICKKAL VILLAGE,
ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691523
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR
SAILAKSHMI MENON
JOTHISHA K.A.
SHIFANA M.
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312 THE STATION HOUSE OFFICER POLICE STATION OF ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691523OTHER PRESENT:
SRI. T.R. RANJITH (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 625 OF 2024
2
BECHU KURIAN THOMAS, J.
Crl.M.C. No. 625 of 2024
Dated this the 9th day of April, 2024
ORDER
Petitioner was the 4th accused in S.C.No.450/2018 on the files of the Assistant Sessions Court, Thiruvalla. The case against him was split up and is renumbered as S.C.No.391/2021 before the same Court. By judgment dated 14-06-2022, in S.C.No. 450/2018 accused 1 to 3 and 5 were acquitted. Petitioner seeks the benefit of acquittal of co-accused.
CRL.MC NO. 625 OF 2024
3
“ 19. In short, the preparation of the arrest memos, mentioning of the name of an unauthorised officer in the arrest memo, failure to mention the name of the officials in the forwarding note, failure to rectify the mistakes in the first information report all shows the shabby manner of detection and investigation. It is quite surprising that without any evidence regarding the confession of the first and second accused, the investigating agency has brought the third and fifth accused into the array. This being the situation, it has to be held that prosecution failed to prove the case beyond reasonable doubt. Hence the accused are entitled to get benefit of doubt. The point is found against the prosecution.”
The Crl.M.C is allowed.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM
CRL.MC NO. 625 OF 2024
4
APPENDIX OF CRL.MC 625/2024
PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.1036/2010 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT Annexure A2 THE TRUE COPY OF THE JUDGMENT DATED 14.06.2022 IN S.C NO. 450/2018 ON THE FILES OF ASSISTANT SESSIONS COURT, THIRUVALLA TRUE COPY
1 issue framed by the court
Whether proceedings against the petitioner should be quashed in light of the acquittal of co-accused which destroyed the prosecution case.
Renjith @ Renjithkumar
The State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court