Jacob Mani, S/o. Challiyil Mani vs State Of Kerala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 1070

C. JAYACHANDRAN
Jacob Mani, S/o. Challiyil Mani – Appellant
Versus
State Of Kerala – Respondent

Advocates:
Advocate Appeared:
For the Appellant : JOSE PALLATTUKARAN SIDHARTH MURALI
For the Respondent: R. BINDU (SASTHAMANGALAM), K.RAJESH KANNAN, GEORGE MATHEW KARAMAYIL, G.RAJAGOPAL (KUMMANAM)(K/3520/1999), MANUEL THOMAS(K/176/1978), SUNIL KUMAR A.G(K/000741/2003), MATHEW K.T.(K/001047/2018), GEORGE K.V.(K/000060/2019)

JUDGMENT

This appeal is preferred under the proviso to Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, for short) by the appellant, who claims to be a victim, challenging the judgment of the Special Court, CBI, Thiruvananthapuram dated 24.01.2024 in C.C. No.20 of 2011.

2. When this appeal was moved, notice was issued to the respondents, who were the accused persons before the Special Court. On behalf of the second respondent/A1, Sri.R.Bindu Sasthamangalam appeared and opposed the very maintainability of this appeal, on the premise that the appellant cannot be considered as a victim, in terms of its definition under the BNSS. In the circumstances, the maintainability was heard as a preliminary question.

3. Heard the learned counsel for the appellant, learned counsel for the second respondent/A1 and the learned Special Public Prosecutor for the 5th respondent/CBI.

4. Learned counsel for the appellant would submit that the judgment of acquittal in the above referred Calendar Case is completely against the weight of evidence and law, which necessitates the appeal. Learned counsel would essentially point out that the appellant is a victim, who is entitled to file an appea

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