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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Ajesh, S/o. Vasu – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
ORDER :
(A. Badharudeen, J.)
The 1st accused in C.C.No.1556 of 2017 on the files of Judicial Magistrate of First Class-II, Kochi, has filed this Revision Petition under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the judgment in Crl.Appeal No.169/2020 on the files of Additional Sessions Court-VII, Ernakulam, whereby the Additional Sessions Court confirmed the conviction and sentence imposed by the Magistrate in the above case.
2. Heard the learned counsel for the revision petitioner/1st accused and the learned Public Prosecutor in detail. Perused the verdicts under challenge.
3. Prosecution allegation in this case is that at about 9.30 a.m on 02.08.2017 when the defacto complainant was travelling as a pillion rider on a motorcycle driven by her husband through Palluruthi-Thoppumpadi road and when they reached near Marampally temple at about 9.30 p.m, accused 1 to 3, who were standing on the road, after sharing common intention blocked the motorcycle and wrongfully restrained the movement of the defacto complainant and her husband by standing in front of the motorcycle and then they removed the ignition key of the motorcycle and restrained the furth
Procedural lapses in recording victim statements do not invalidate prosecution if evidence sufficiently proves guilt beyond reasonable doubt.
Procedural lapses in the recording of victim statements do not invalidate the prosecution's case if sufficient evidence independently establishes guilt beyond reasonable doubt.
The sufficiency of the complainant's testimony in proving the prosecution case, the impact of minor discrepancies in witness testimonies, and the importance of the quality of evidence over quantity.
Conviction under IPC can rely solely on the victim's testimony if credible, but all sentences must adhere to minimum statutory requirements.
The absence of independent witnesses does not negate the reliability of a victim's testimony, and minor discrepancies do not undermine the core of the case.
The conviction under Section 354 IPC was upheld based on the credible testimony of the victim, while the sentence was reduced from five to three years due to mitigating circumstances.
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.
Substantive sentence can be reduced if incident is old one.
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