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V. G. ARUN
Chinnamma George – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
V.G.ARUN, J
Petitioner is the sole accused in C.C.No.1216 of 2022 on the files of the Judicial First Class Magistrate Court-II, Kochi. The case originated from Crime No.1731 of 2014 registered at the Palluruthy Police Station for the offence under Section 420 read with 34 of IPC against petitioner and two others. On filing of final report, the case was numbered as C.C.No.1584 of 2015 and after trial and final hearing, the case was posted for pronouncement of judgment. The petitioner having remained absent on the date of judgment, her case was split up and re-numbered as C.C.No.1216 of 2022, and judgment pronounced in the case of the other two accused, sentencing them to undergo rigorous imprisonment for three years and pay fine of Rs.10,000/- each.
2. Learned counsel for the petitioner submits that his client, aged 84 years, was disabled from being present on the date of judgment as she is suffering from colon cancer (carcinoma rectum middle third). Even though a petition under Section 353 read with 205 of Cr.P.C, to exempt petitioner from personal appearance and permit her counsel to receive the judgment was submitted, trial court rejected the petition as per Annexure A-5 ord
The court allowed a physically incapacitated accused to appear via virtual mode for judgment pronouncement, emphasizing the use of technology to ensure justice.
The court allows virtual appearance for plea recording under the Video Conferencing Rules, provided the accused submits an application and undertakes not to dispute identity.
The court underscored the application of Section 205, Cr.P.C. allowing virtual representation for an aged petitioner in light of health issues, emphasizing the importance of technology in facilitatin....
Appearance in Court through virtual mode – With advancement of science and technology and with introduction of facilities for virtual hearing in High Courts, Court can allow parties to attend proceed....
The court allows the exemption from personal appearance based on age and health conditions while permitting electronic appearance under specific rules.
Section 317 of Code of Criminal Procedure reads as Provision for inquiries and trial being held in absence of accused in certain cases.
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