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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Bichitra Mohanty – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. request to set aside prior judgment based on plea of guilt. (Para 1 , 2) |
| 2. petitioner seeks to contest charges post alteration. (Para 3 , 4 , 5) |
| 3. understanding of plea and implications on fairness. (Para 6 , 7) |
| 4. legal requirements for accepting a plea of guilt. (Para 8 , 9) |
ORDER
Petitioner seeks for a direction to set aside the judgment dated10.10.2022 in C.C. No. 113 of 2022 on the files of the Judicial First Class Magistrate's court, Kalamassery, which arose from Crime No.21 of 2022 of Kalamassery Police Station. The offences alleged against the petitioner were only under sections 279 and 338 of the Indian Penal Code, 1860 (for short ' IPC ').
2. The petitioner hails from Orissa. On 03.01.2022 at around 7.30 pm, an accident occurred. Petitioner was allegedly driving a motorcycle bearing registration No.KL-20-F-6047. He is alleged to have driven the vehicle rashly and negligently and, while overtaking, collided with a scooter bearing number KL-07-CU-9435, causing serious injuries to the driver of the scooter and committed the offences under sections 279 and 338 of IPC . Petitioner alleges that since he is illiterate in Malayalam language, he was told by th
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