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Joseph @ James vs State Of Kerala on 4 July, 2011

14. What remains is Section 323 IPC. Admittedly the defacto complainant fell down. According to the petitioner, she fell down because she tried to pass through a narrow place, and at that time, there was a push from the petitioner. Whatever that may be, the injury sustained to the 2nd respondent is minor. If the offence alleged under Sections 341, 294(b) and 354A IPC are not CrlM.C..No.7694/2016 17 attracted, it is doubtful whether Section 323 IPC alone, which is a non-cognizable offence, will stand in the light of the decision of this Court in James Jose v. State of Kerala [2019 (3) KHC 531]. But Section 95 IPC says that nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
Kerala High Court Cites 7 - Cited by 12 - Full Document
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