The court held that charges cannot be framed solely on the testimony of an approver whose credibility has been discredited by the prosecution.

ORDER :

1. The order dated 24.04.2019 in Crl. M.P. No. 56/2018 in S.C. No. 1357/2013 on the files of the Court of the Special Judge (SPE/CBI), Thiruvananthapuram, is under challenge in these revisions. By the aforesaid order, the learned Special Judge had discharged the fifth accused in the said case under Section 227 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’). Crl. R.P. No. 933/2019 is filed by the de facto complainant, and Crl. R.P. No. 476/2021 by the investigating agency (CBI). Crl. R.P. No. 505/2021 is filed by a third party who claims to be a senior journalist residing at Kollam.

2. The facts of the case, in conspectus, are as follows:

The fourth and fifth accused in S.C.No.1357/2013 are Police Officers of Kerala Police of the rank Dy.SPs, under suspension. One Mr V. Babu Unnithan, staff reporter of Mathrubhumi Daily, Kollam, was a thorn in the eye of some Police Officers since he used to expose their nefarious activities. He had published news on 12.09.2008 regarding the encroachment of lake by Police Officials, including the fourth accused Dy.SP. Santhosh Nair, who was Circle Inspector during that time. On 13.10.2009, the de facto complainant published another news item in Mathrubhumi daily regarding the licentious behaviour of the fourth accused and two other Police officers at Government Guest House, Kollam, in the night of 11.10.2009, along with some cine/serial actresses and Abkari Contractors, leading to the transfer of the fourth accused to northern Kerala. The fourth accused was nurturing enmity with the de facto complainant due to the above reason. The fifth accused, Dy.SP. Abdul Rasheed,who was the batchmate of the fourth accused, had gone for a family tour to Goa along with the fourth accused and one Santhosh Kumar @ Container Santhosh, an approver turned accused in S.C.No.1357/2013, from 25.12.2010 to 27.12.2010. During that time, the fourth and fifth accused had conspired with the above said Container Santhosh, who was having close links with goons and hardcore criminals, for inflicting bodily harm upon the de facto complainant. While returning from Goa on 27.12.2010 by Rajdhani Express, the fifth accused had pulled the chain of the train at Kollam and caused it to stop there, since the said train had no stop at Kollam. This resulted in altercations between the fifth accused and the Locopilot at the time when the fifth accused deboarded the train at Kollam along with his family. The de facto complainant published the above highhanded act of the fifth accused in Mathrubhumi daily dated 02.01.2011. Due to the above reason, the fifth accused also wanted to take avenge upon the de facto complainant by causing bodily harm to him. Accordingly, the accused Nos.4 & 5 persistently compelled the approver Container Santhosh to make use of his connections with goondas and hardcore criminals to mount severe physical assault upon the de facto complainant. Container Santhosh assigned the above task upon one Sreejith @ Rajesh @ Happy Rajesh, a person actively involved in criminal activities. As a consequence of the above criminal conspiracy, the de facto complainant was attacked with deadly weapons at a place called Sasthamcotta in Kollam District by about eight persons at 9:45 p.m. on 16.04.2011 leading to serious injuries including multiple fractures throughout his body. Though the Sasthamcotta Police registered Crime No.441/2011 in connection with the said incident, the investigation was soon taken over by the CBCID, Kollam, where the fifth accused was working as Dy.SP. At a time when the needle of suspicion was turning towards Dy.SP. Santhosh Nair (A4), Happy Rajesh and Container Santhosh, the dead body of Happy Rajesh was found in his auto rickshaw on 28.04.2011 at Kollam. Soon, accused Nos.1 to 3 who had attacked the de facto complainant, were arrested by the CBCID team, where the fifth accused was also working. As the accused Nos.1 to 3 made disclosures on interrogation about the involvement of Containe