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B.SUDHEENDRA KUMAR
Pratheesh R. @ Pratheesh Viswanath – Appellant
Versus
State of Kerala – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Sri. C.S. Manu, Advocate
For the Respondent No.3:Sri. U. Jayakrishnan, Advocate
For the Other Present: Sri. K.B. Udayakumar, Sr. Public Prosecutor

JUDGMENT

B. Sudheendra Kumar, J.—The appellants are accused Nos.2 and 3 in Crime No.2036 of 2019 of Central Police Station, Ernakulam.

2. The prosecution case can be summarised as follows:

The victim is a guest lecturer in a Government law college. She is an activist. The appellants are supporters of RSS/BJP. The victim along with Mrs.Tripthi Desai and four others, who are activists in the organisation, namely, Bhumatha Brigade came to the office of the Commissioner of Police, Ernakulam City, for getting police protection for the purpose of proceeding to the Sabarimala Temple on 26.11.2019. The appellants and many Hindu organisations assembled there to protest against the visit of the activists to Sabarimala Temple. While so, at about 7.45 p.m., the first accused applied chilly spray on the face and body of the victim, in furtherance of the common intention of all the accused. The victim is a member of Scheduled Caste. The appellants do not belong to the said community.

3. The crime was originally registered for the offence punishable under Sections 324 read with Section 34 IPC. During the course of investigation, the offences under Sections 326B and 354 IPC and Sections 3(2)(

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