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2014 Supreme(Ker) 664

K.T.SANKARAN, M.L.JOSEPH FRANCIS
Jose – Appellant
Versus
State of Kerala – Respondent


JUDGMENT :

K. T. SANKARAN, J.

These applications are filed by the appellant under Sections 294, 391 and 482 of the Code of Criminal Procedure to call for and admit the documents marked in a connected case.

2. More than 40 accused persons were allegedly involved in a rape case where the victim was aged 16 and odd years but below 18 years, which is popularly known as Suryanelli case. Excluding those accused who were absconding, the other accused were tried in S.C. No. 187 of 1999 on the file of the Additional Sessions Court (Suryanelli Court), Kottayam, and many of them were convicted and sentenced. One of the absconding accused, namely, Dharmarajan was arrested later and the case against him was tried in S.C. No. 241 of 2001 and he was convicted and sentenced. The accused persons filed separate appeals before this Court challenging the conviction and sentence. A Division Bench of this Court heard the Criminal Appeals and acquitted all the accused except Dharmarajan. The Division Bench awarded a lesser sentence to Dharmarajan. The State filed appeals before the Supreme Court. The victim also filed appeals before the Supreme Court. The Supreme Court set aside the judgment of this Court

























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