Annmaria vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 20, 2024

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Citation: sooperkanoon.com/1315963
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice P.G. Ajithkumar
Decided On: Mar 20, 2024
Case Number: CRA(V)/17/2024

Parties & Advocates

Appellant / Petitioner

Annmaria

Respondent

State of Kerala

Excerpt

.....s.greeshma shanmukhan parvathi krishna sneha joy saumya.p.s mahalekshmy p.s m.s.thomas aji s. r.k.chirutha anju thomas.m respondent/state: 1 state of kerala represented by public prosecutor, high court of kerala, pin - 682031 2 vasudevan, aged 68 years vallithundil veedu,kundom malanada, kumbanadu vadakku muri,kadambanadu village. pathanamthitta district, pin - 691553 smt.sheeba thomas - public prosecutor this crl.a by defacto complainant/victim having come up for admission on 20.03.2024, the court on the same day delivered the following:p.g. ajithkumar, j.crl.a.(v) no.17 of 2023 dated this the 20th day of march, 2024judgmentthis is an appeal filed under proviso to section 372 of the code of criminal procedure, 1973. having gone through the appeal memorandum, it is seen that the appellant proceeded on the notion that the 2 nd respondent- accused was acquitted of the offences alleged against him, whereas he was convicted. of course, the 2nd respondent was not sentenced, but released under the provisions of section 4 of the probation of offenders act, 1958. there is no challenge in the appeal memorandum against invocation of section 4 of the probation of offenders act. when the appeal has come up for hearing on admission, the learned counsel for the appellant seeks permission to withdraw the appeal without prejudice to the right of the appellant to prefer an appeal for appropriate relief. permission is accorded. appeal is dismissed as withdrawn without prejudice to the aforesaid right of the appellant. sd/- p.g. ajithkumar, judge pv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 20TH DAY OF MARCH 2024 / 30TH PHALGUNA, CRA(V) NO.17 OF 2024 AGAINST THE JUDGMENT OF CONVICTION AND SENTENCE IN S.C NO.257 OF 2019 IN CRIME NO.1136 OF 2018 OF ENATHU POLICE STATION IN THE COURT OF ADDITIONAL SESSIONS JUDGE(SPECIAL COURT)-1, PATHANAMTHITTA DATED 31.08.2022 APPELLANT/VICTIM: 1 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX 2 XXX AGED 19 YEARS RESIDING AT ZZZ BY ADVS. M.R.SARIN P.SANTHOSHKUMAR (KARUMKULAM) S.GREESHMA SHANMUKHAN PARVATHI KRISHNA SNEHA JOY SAUMYA.P.S MAHALEKSHMY P.S M.S.THOMAS AJI S. R.K.CHIRUTHA ANJU THOMAS.M RESPONDENT/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 VASUDEVAN, AGED 68 YEARS VALLITHUNDIL VEEDU,KUNDOM MALANADA, KUMBANADU VADAKKU MURI,KADAMBANADU VILLAGE. PATHANAMTHITTA DISTRICT, PIN - 691553 SMT.SHEEBA THOMAS - PUBLIC PROSECUTOR THIS CRL.A BY DEFACTO COMPLAINANT/VICTIM HAVING COME UP FOR ADMISSION ON 20.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.G. AJITHKUMAR, J.
Crl.A.(V) No.17 of 2023 Dated this the 20th day of March, 2024

JUDGMENT

This is an appeal filed under proviso to Section 372 of the Code of Criminal Procedure, 1973. Having gone through the appeal memorandum, it is seen that the appellant proceeded on the notion that the 2 nd respondent- accused was acquitted of the offences alleged against him, whereas he was convicted. Of course, the 2nd respondent was not sentenced, but released under the provisions of Section 4 of the Probation of Offenders Act, 1958. There is no challenge in the appeal memorandum against invocation of Section 4 of the Probation of Offenders Act. When the appeal has come up for hearing on admission, the learned counsel for the appellant seeks permission to withdraw the appeal without prejudice to the right of the appellant to prefer an appeal for appropriate relief. Permission is accorded. Appeal is dismissed as withdrawn without prejudice to the aforesaid right of the appellant. Sd/- P.G. AJITHKUMAR, JUDGE PV

Same Court & Year Kerala Orders · 2024 Same Parties Annmaria vs State of Kerala Same Judge Honourable Mr.Justice P.G. Ajithkumar