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A. BADHARUDEEN
Akhil Sabu, S/o. Sabu – Appellant
Versus
State Of Kerala – Respondent
The legal document emphasizes the critical importance of strict compliance with Rule 19(4) of the Rules, 1982, which mandates that in all criminal trials, the prosecution must furnish the accused with statements of witnesses recorded and a list of documents, material objects, and exhibits seized during investigation, as specified in Sections 173, 207, and 208 of the Cr.P.C. Additionally, the rule requires that the list specify which statements, documents, and objects are not relied upon by the Investigating Officer (!) (!) .
The court underscored that such compliance is essential to uphold the accused’s right to a fair trial and to prevent protraction of proceedings (!) (!) (!) (!) (!) . It was noted that the prosecution had, in this case, adequately complied with Rule 19(4), as evidenced by the filed statements and lists of relied-upon materials, and that the grievances raised by the petitioner appeared to be attempts to delay the trial process (!) (!) .
Furthermore, the court highlighted that the purpose of the rule is to ensure transparency and fairness by providing the accused with clear information about the evidence and materials that will be relied upon during trial, as well as those that will not be relied upon (!) (!) (!) (!) . The court directed all criminal courts to strictly ensure compliance with Rule 19(4) before the commencement of trials, including specific directions for Public Prosecutors to give clear postings for such compliance (!) .
In summary, the judgment affirms that adherence to Rule 19(4) of the Rules, 1982, is mandatory and that the prosecution’s proper compliance with this rule is a safeguard for the fair conduct of criminal trials. The court dismissed the petition, emphasizing that any delay or challenge raised when the trial is scheduled is likely an attempt to protract proceedings rather than a genuine concern about procedural compliance.
ORDER :
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure (for short, 'the Cr.P.C.' hereinafter), and the prayers herein are as under:
ii. To quash the proceedings dated 14/06/2024 in Sessions Case No.749/2022 on the files of the Honourable Fast Track Special Court, Erattupetta.
iii. Issue a direction to the respondent to furnish copies of all the evidences, material and documents gathered during the course of investigation to the petitioner.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. The learned counsel for the petitioner would submit that, Criminal Rules of Practice in Kerala, 1982 (for short, 'the Rules, 1982' hereinafter) got amended and Rule 19(4) incorporated w.e.f. 19.5.2022. Therefore, compliance of Rule 19(4) of the Rules, 1982, is mandatory, before start of trial. However, in the case at hand, though the case stands posted for trial on 22.6.2024, Rule 19(4) of the Rules, 1982, not complied. Therefore, the right of the accused to fairly defend the case has bee
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