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GOPINATH P.
Manoj T. K. – Appellant
Versus
State of Kerala Represented by Public Prosecutor – Respondent
ORDER
The petitioner is the accused in Crime No.231/2022 of Payyannur Police Station, Kannur registered alleging commission of offences under Sections 354-A(1), 354-B, 354(D)(1)(i), 511, 376 of the Indian Penal Code and Section 10 read with 9(f)(l)(p) and Section 12 read with 11 (iv) of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act). Following the investigation, a final report was filed. Charges were framed against the accused under Sections 354 A (1)(1), 354 D (9),(l),(i), 511 read with 376 of the Indian Penal Code and Section 9 read with (I), (f), (p), (m) Sections 10, 11 read with Section 12 of the POCSO Act on 09-08-2023. Following the framing of charges, a summons was issued to CW1 (the victim in the case), and the case was adjourned to 21-09-2023. On 21-09-2023, the petitioner / accused was present in court. However, CW1 was absent. Therefore, a summons was issued to CW2, and a bailable warrant was issued to CW1. The matter was adjourned to be listed on 16-10-2023. On 16-10-2023, the petitioner / accused appeared through counsel and filed Annexure-A4 application numbered as CMP No.466/2023 seeking to condone the absence of the accused on that date (
Examination of witness – While normal rule is that evidence in a criminal trial must be recorded in presence of accused evidence of witnesses can be recorded in presence of Counsel for accused even i....
The main legal point established in the judgment is the permissibility of dispensing with the physical presence of the accused during trial and allowing appearance through video conferencing, in line....
The provisions of Section 299 of the CrPC and Section 33 of the Indian Evidence Act allow for the use of a deceased witness's statement as evidence in the absence of the accused, and the prosecution ....
Witness statements recorded in the absence of an absconded accused can be admissible in subsequent trials if the witness is incapable of giving evidence.
The judgment underscores the importance of adhering to procedural requirements in recording witness statements and ensuring the accused's right to explain incriminating evidence.
Examination of witnesses in the absence of the accused violated the right of the accused for cross-examination, leading to the setting aside of the conviction and acquittal of the appellant.
Point of law : Section 299 of Code of Criminal Procedure makes provision for recording the evidence in the absence of the accused. Provision is made to safeguard the evidence of the witnesses who may....
A fair trial must guarantee competent legal representation and adherence to procedural law, failure of which invalidates conviction.
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