Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 AGAINST THE ORDERS DATED 29.01.2021 IN CRL.M.P.NO.963/2020 IN SC NO. 603/2019 ON THE FILE OF ADDITIONAL DISTRICT & SESSIONS COURT - VI, KOLLAM REVISION PETITIONER/ACCUSED: SUBHASH AGED 49 YEARS S/O. CHELLAPPAN, KINATTAZHIKAM VEEDU, NEAR TOWN MUSLIM PALLI, KOTTAPPURAM P.O. KOTTAPPURAM VILLAGE, KOLLAM 691 301. BY ADVS. M.RAJESH C.RAJENDRAN RESPONDENT/RESPONDENT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. BY ADV. SRI.E.C.BINEESH, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Aggrieved by the order rejecting discharge application by the Additional Sessions Court- VI, Kollam, the accused came up. The offence alleged is the attempt to commit rape on the victim, who was taken to a farm house situated in a rubber estate belonged to his brother-in-law in a car while returning from the house of his sister and attempted to commit rape on her by forcibly lifting her dress, hugged her forcibly and pressed on her breast applied his mouth on it so as to satisfy his lust. He had also removed her undergarments forcibly and seeing that she is not well, threatened her not to disclose it to anybody else. The learned Sessions judge found that there are reasons to presume commission of offence exclusively triable by a Court of Sessions and proceeded to frame charge for the alleged offenes i.e. Section 511 and 376 IPC. It is also submitted based on the decisions rendered by the Apex Court in Aman Kumar & Another v. State of Haryana (2004(4) SCC 379) that prima facie there is no offence under Section 511 and 376 IPC. It is a matter to be adjudicated by the trial court. There is no merits in the revision. Hence, the revision petition is dismissed. Sd/- P.SOMARAJAN JUDGE SPV