Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID FRIDAY, THE29H DAY OF NOVEMBER20138TH AGRAHAYANA, 1935 Crl.MC.No. 5280 of 2013 () --------------------------- AGAINST THE ORDER
/JUDGMENT
IN SC152007(L.P.NO. 58/2011)of ADDL.SESSIONS COURT (ADHOC-I), KASARAGOD CRIME NO. 40/2003 OF BEKAL POLICE STATION , KASARGOD PETITIONER(S)/ACCUSED: ------------------------------------------ AKHIL, AGED32YEARS, S/O MADHU, SANTHOSH NIVAS, KANNIMEL CHERI, SHAKTIKULANGARA VILLAGE, KOLLAM DISTRICT BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT/COMPLAINANT/STATE: -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM68203 (CRIME NO402003 OF BAKEL POLICE STATION KASARGOD DISTRICT) BY PUBLIC PROSECUTOR SMT S HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2911-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 5280 of 2013 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE I FINAL REPORT IN CIRME NO402003 OF THE BAKEL POLICE STATION, KASARGOD DISTIRCT. ANNEXURE II COPY OF THE JUDGMENT
DATED2608-2011 IN SC NO152007 PASSED BY THE ADDL. SESSIONS JUDGE, ADHOC-I KASARGOD. RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ P.A TO JUDGE HARUN-UL-RASHID, J.
- - - - - - - - - - - - - - - - - Crl. M.C No.5280 of 2013 - - - - - - - - - - - - - - - - Dated this the 29th day of November, 2013. ORDER
Petitioner is the accused No.5 in S.C No. 15/007 (LP No. 58/11) pending on the file of the Additional Sessions Court, Adhoc-I, Kasaragod. The Crime No. 40/2003 was registered by the Bakel Police alleging offence punishable under Sections 363, 395, 109 and 120(b) of IPC against nine accused persons. The Final Report was submitted after investigation implicating all these nine persons. The trial against accused persons 1, 2, 3, 6, 7 and 8 was proceeded with by the Additional Sessions Judge, Adhoc-I, Kasaragod. The Crl.M.C is filed seeking to quash all further proceedings against the petitioner in S.C No. 15/2007. Annexure-A2 is the copy of the judgment dated 26.08.2011 in S.C No. 15/2007. The accused Nos. 1,2,6,7 and 8 are found not guilty for offences under Sections 363,395,109,120(b) of IPC and they are acquitted under Section 235(1) of Cr.P.C. The case against A3, A4 and A5 are split up in the judgment in S.C No. 15/2007.
2. The learned Judge found that the prosecution has miserably failed in this case to prove before court the connection of any of the accused with the incident of Crl. M.C No.5280 of 2013 2 committing kidnapping of PW1 and the looting the cash amount carried by PW1. It is further stated that the entire prosecution case has been built on the basis of the confession statement of some of the accused which are not admissible in evidence. The court acquitted the accused here subject to trial and finding that the prosecution has not succeeded to prove any of the charges levelled against the accused.
3. The prosecution could not prove the criminal conspiracy involved in the commission of the offence and failed to adduce evidence by the prosecution to prove involvement of the persons who are alleged to be involved in kidnapping PW1. In the facts and circumstances of the case, this Court is of the view that even if the trial against the petitioner is allowed to continue, it would not serve any purpose. In the result, the Crl.M.C is allowed all further proceedings against the petitioners in S.C No. 15/2007 pending on the file of the Additional Sessions Court, Adhoc-I, Kasaragod is quashed. HARUN-UL-RASHID, JUDGE. lsn