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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Abdul Hashim – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
JUDGMENT :
(A. BADHARUDEEN, J.)
This Criminal Appeal has been led under Section 374(2) of the Code of Criminal Procedure by the 1st accused in CC No.444 of 2002 arising out of Crime No. 315 of 1998 of Nemom police station, challenging the conviction and sentence imposed against the appellant as per judgment dated 11.09.2007.
2. Heard the learned counsel for the 1st accused/appellant as well as the learned Public Prosecutor in detail. Perused the case records.
3. For effective and easy discussion, the parties in this appeal will be referred to as ‘prosecution’ and ‘ accused’ hereafter.
4. The prosecution case is that, on 06.12.1998, a hartal was organized by a political party, and while the said hartal was in progress, accused Nos.1 to 7 formed themselves into an unlawful assembly knowing that they are all members of the said assembly, to commit crime, and thereafter in prosecution of their common object, they assembled at 08.30 p.m., in Karakkamandapam and pelted stones against the bus driven by PW1, which was owned by the Government of Tamil Nadu. The prosecution allegation further is that, due to pelting of stones, the front glass of the bus was broken, and due to contact with the bro
The court held that if the benefit of doubt is given to some accused, it must apply equally to all similarly situated, leading to the acquittal of the 1st accused.
A sole witness's testimony must be wholly reliable for conviction; inconsistencies and lack of corroboration can lead to acquittal.
The identification of the accused must be specific and certain for a conviction; insufficient evidence leads to the overturning of convictions for unlawful assembly.
Point of law : Law of evidence does not require any particular number of witnesses to be examined in proof of a given fact
Point of Law : There is no perversity, absurdity or illegality committed by the trial Court in arriving at the conclusion and rendering acquittal judgment and therefore, the same does not call for in....
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