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Binu Raj – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
ORDER :
A. BADHARUDEEN, J.
This Revision Petition has been filed under Sections 397 and 401 of the Code of Criminal Procedure (`Cr.P.C’ for short) challenging judgment in Crl.Appeal No.51/2021 on the files of the Sessions Court, Kollam, arising out of the judgment in S.C.No.1143/2016 on the files of the Principal Assistant Sessions Court, Kollam.
2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor in detail. Perused the verdicts under challenge.
3. Prosecution allegation is that at about 8.30 a.m on 30.05.2014, the accused persons in furtherance of their common intention to commit culpable homicide not amounting to murder, assaulted the defacto complainant. The specific allegation is that the 2nd accused wrongfully restrained the defacto complainant, then the 1st accused attacked her with an iron pipe aiming at her head and accordingly, the defacto complainant sustained wound on the left side of her head. Again, the 1st accused hit the defacto complainant by using an iron pipe and thereby she sustained fracture on her left hand ring finger. Again she was beaten on her right shoulder, left ribs and legs by the 1st accused, while attempting to cause
The court emphasized the necessity of independent witness testimony and the burden of proof on the accused for the plea of alibi in criminal proceedings.
The court confirmed conviction under Section 326 IPC for grievous hurt, setting aside conviction under Section 324 IPC as it constitutes a lesser included offence.
The appellate court must show compelling reasons to overturn an acquittal, and mere witness testimony without corroboration is insufficient to establish intent for assault.
Procedural lapses in the recording of victim statements do not invalidate the prosecution's case if sufficient evidence independently establishes guilt beyond reasonable doubt.
Procedural lapses in recording victim statements do not invalidate prosecution if evidence sufficiently proves guilt beyond reasonable doubt.
The main legal point established is the reliance on victim testimony, medical evidence, and circumstantial witnesses to support the conviction for assault offences, and the court's exercise of revisi....
The conviction of accused based on reliable testimonies of injured witnesses is valid, and the absence of independent witnesses does not undermine the prosecution's case.
The court upheld the conviction for causing injuries but modified the sentence to a fine, considering the elapsed time and nature of injuries.
The court upheld the conviction and sentence based on unassailable evidence, despite discrepancies in the prosecution's case.
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