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2024 Supreme(Ker) 781

A. BADHARUDEEN
XX XX – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent


Advocates Appeared:
For the Petitioner: M. Promodh Kumar, Maya Chandran.
For the Respondent: SR PP - Renjit George.

ORDER :

(A. Badharudeen, J.) :

This revision petition has been filed under Sections 397 and 401 of Code of Criminal Procedure (hereinafter referred as Cr.P.C. for convenience) challenging the judgment dated 24.04.2023 in Crl.A. No.37/2022 on the files of the Additional District and Sessions Court, Vatakara arising out of the judgment dated 29.12.2021 in C.C. No.1128/2017 on the file of the Judicial First Class Magistrate Court-I, Vatakara. The petitioners herein are the accused in the above case.

2. Heard the learned counsel for the revision petitioners and the learned Public Prosecutor, in detail, so as to exercise the limited power of revision available to this Court, where the trial court and the First Appellate Court concurrently found that the accused/petitioners herein committed offences punishable under Section 23 of Juvenile Justice (Care and Protection of Children) Act, 2000 [hereinafter referred as ‘JJ Act’ for short] and Section 324 of Indian Penal Code (hereinafter referred as ‘IPC’ for short), though the Appellate Court modified the sentence imposed to a lesser degree.

3. In this matter, the prosecution case is that, in between 1/1/2012 and 5/8/2014 the accused who were

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