Kerala High Court
Babu vs The State Of Kerala on 4 January, 2016
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY,THE 14TH DAY OF NOVEMBER 2017/23RD KARTHIKA, 1939
Crl.MC.No. 3891 of 2016 ()
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CRL.M.P.NO.3447/2016 IN SC.NO.9/2016 OF ADDITIONAL SESSIONS COURT-II,
ALAPPUZHA
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PETITIONER/ACCUSED NO.4:
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BABU, S/O.KARTHIKEYAN,
RESIDING AT ALAZHIKATHU VEEDU, WARD 7,
KANNANALLOOR, THRIKKOVILVATTOM,
KOLLAM DISTRICT.
BY ADVS.SRI.MANU RAMACHANDRAN
SRI.MANOJ RAJAGOPAL
RESPONDENT(S)/STATE & ACCUSED 1 & 3 :
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1. THE STATE OF KERALA,
THROUGH THE DEPUTY SUPERINTENDENT OF POLICE,
CBCID, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
2. RAJENDRAN, S/O.GOPALAN,
RESIDING AT THATTUPURAKKAL VEEDU, WARD NO.7,
KARUMADY VILLAGE, AMBALAPUZHA,
ALAPPUZHA DISTICT-688 601.
3. NIZAR @ NAZEER, S/O.ABUSALI,
RESIDING AT KATTUPURAM VELIYIL VEEDU,
NEAR VANDANAM P.O., PUNNAPRA, AMBALAPUZHA TALUK,
ALAPPUZHA DISTRICT-688 601.
R1 BY PUBLIC PROSECUTOR SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 14-11-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.MC.No. 3891 of 2016 ()
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APPENDIX
PETITIONER(S)' ANNEXURES:
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ANNEXURE A1. TRUE COPY OF THE JUDGMENT DATED 4/1/2016 IN
SC NO.349/2008 OF LEARNED ADDITIONAL SESSIONS
COURT-II, ALAPPUZHA.
ANNEXURE A2 TRUE COPY OF THE COMPLAINTS FILED BEFORE THE
LEARNED ADDITIONAL SESSIONS COURT-II, ALAPPUZHA.
ANNEXURE A3 TRUE COPY OF THE COMPLAINT FILED BEFORE THE S.I OF
POLICE, ALAPPUZHA NORTH POLICE STATION
ANNEXURE A4 TRUE COPY OF THE CRL.MP NO.3447/2016 UNDER SECTION
311 CR.PC DATED 4/5/2016 FILED BY THE ADDITIONAL PUBLIC
PROSECUTION BEFORE THE LEARNED ADDITIONAL
SESSIONS COURT-II, ALAPPUZHA.
ANNEXURE A5 TRUE COPY OF THE PETITIONER'S OBJECTION TO ANN.A4
DATED 19/5/2015.
ANNEXURE A6 TRUE COPY OF THE ORDER DATED 30/5/2016 IN CRL.MP
NO.3447/2016 IN SC NO.9/2016 OF LEARNED ADDITIONAL
SESSIONS COURT-II, ALAPPUZHA.
RESPONDENT(S)' ANNEXURES: NIL
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/TRUE COPY/
P.A.TO JUDGE
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B. KEMAL PASHA, J.
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Crl.M.C. No.3891 of 2016 F
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Dated this the 14th day of November, 2017
O R D E R
~ ~ ~ ~ ~ ~ A strange situation has come to the notice of this Court through this Crl.M.C. Final report was filed against five persons alleging offences punishable under Sections 489B and 489C read with Section 34 IPC. The case was committed and the Sessions Court took cognizance of the matter. The matter was heard under Section 227 Cr.P.C. Charges were framed and all the accused pleaded not guilty.
2. Subsequently, the 2nd accused filed an application before the Additional Sessions Court by expressing his willingness to plead guilty. Readily, that was granted. The 2nd accused pleaded guilty. He was convicted and Crl.M.C.3891/2016 : 2 : sentenced.
3. The trial against A1, A3 and A4 was proceeded with. Presently, the prosecution wants to examine A2, who was convicted and sentenced, as a prosecution witness against A1, A3 and A4, who are the petitioners herein. By finding that there is no prohibition under the Code of Criminal Procedure to examine such a person, the Additional Sessions Judge has allowed the request of the learned Public Prosecutor.
4. The Additional Sessions Judge has acted against the fundamental principles of criminal jurisprudence. The first order permitting the 2nd accused to plead guilty itself was illegal. Even after that, the Additional Sessions Judge has gone beyond all contours of law and permitted the prosecution to examine the convicted and sentenced A2 as a witness against the remaining co-accused. The prosecution wants to squeeze out the confession from A2 for making use of it against the co-accused, which is Crl.M.C.3891/2016 : 3 : unknown to criminal law. Strangely enough the 2nd accused has come up with a criminal revision as Crl.R.P. No.1498/2016 against his conviction and sentence. The impugned order is shrouded with illegalities and irregularities and is liable to be set aside.
In the result, this Crl.M.C. is allowed and the impugned order is set aside.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/14/11 // True Copy // PS to Judge