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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN
Babu, S/o. Pokkan – Appellant
Versus
State Of Kerala Through The Sub Inspector Of Police, Vatakara Police Station, Represented By The, Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. procedural history and factual background of the criminal case. (Para 1 , 2 , 3 , 4) |
| 2. scope and limitation of revisional power under the crpc. (Para 6 , 7) |
| 3. evidentiary value of injured witnesses and identification procedures. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. application of leniency in sentencing and order of modification. (Para 16 , 17 , 18) |
ORDER :
JOBIN SEBASTIAN, J.
The criminal revision petition has been filed under Sections 397 and 401 of the Code of Criminal Procedure, challenging the judgment dated 08.11.2010 in Criminal Appeal No.211/2008 on the file of the Additional Sessions Court, Vatakara, arising out of the judgment dated 05.02.2008 in C.C. No.447/2003 on the file of the Judicial First Class Magistrate Court, Vatakara. The revision petitioners herein are the accused Nos.1 to 5 in the said case.
2. The prosecution case, in brief, is that on 07.05.2003 at about 6.30 p.m., the accused formed themselves into an unlawful assembly and, in prosecution of the common object of the said assembly, criminally trespassed into Room No. XXVI/112 of the Vatakara Municipality, where PW2, a Medical Officer, was conducting consultations and which was under t he
The court's revisional jurisdiction is supervisory, limited to correcting miscarriage of justice; the testimony of an injured witness is highly credible, and a test identification parade is not stric....
Revisional jurisdiction of the High Court is supervisory in nature and limited to correcting legal errors, illegality, or perversity in lower court judgments; it does not extend to the reappreciation....
The testimony of an injured witness is highly reliable and does not require independent corroboration for conviction, and identification of a known assailant in court is sufficient evidence even in t....
The court emphasized the special status of injured witnesses and affirmed the need for corroboration in cases involving motive from disputes.
Evidence from injured witnesses can carry substantial weight, although the existence of a prior civil dispute necessitates careful evaluation.
Non-recovery of the weapon used in an offense is not fatal to the prosecution's case when reliable ocular eyewitness testimony is corroborated by medical evidence of the injuries sustained.
Revisional jurisdiction is supervisory and precludes reappreciation of evidence unless lower court findings are perverse. The non-recovery of a weapon is not fatal to a conviction for causing hurt wh....
The revisional court's authority does not extend to reevaluating evidence but ensuring correctness and legality of lower court judgments.
The court modified the sentencing for the accused while affirming the findings of guilt due to the absence of premeditation and the accused's age.
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