IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 9^TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945 CRL.REV.PET NO. 1508 OF 2009 CRIME NO.2/2001 OF PARAPPANANGADI POLICE STATION AGAINST THE ORDER/JUDGMENT DATED 12/01/2009 IN SC 365/2008 OF ADDITIONAL SESSIONS COURT FAST TRACK COURT NO.III (ADHOC), MANJERI AGAINST THE ORDER/JUDGMENT IN CP 79/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS,PARAPPANANGADI REVISION PETITIONER/DEFACTO COMPLAINANT:

A.P.BASHEERUL HAJI @ RAFI, S/O.MOHAMMED, ANGAMANTE PURAKKAL, SADDAM BEACH, PARAPPANANGADI, MALAPPURAM DISTRICT.

BY ADV SRI.K.K.MOHAMED RAVUF RESPONDENTS:

1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,, HIGH COURT OF KERALA, ERNAKULAM.

2 HANEEFA, S/O.KUNHIMOIDEENKUTTY, CHEKKINTE PURAKKAL, SADDAM BEANCH, PARAPPANANGADI.

3 JALEEL, S/O.HAMZA, KUNNUMMAL HOUSE, SADDAM BEANCH, PARAPPANANGADI.

4 ISMAIL, S/O.KUNHI MOIDEEN, CHEKKINTE PURAKKAL, SADDAM BEANCH, PARAPPANANGADI.

5 ASHRAF, S/O.KUNHI MOIDEEN KUTTY, CHEKKINTE PURAKKAL, SADDAM BEANCH, PARAPPANANGADI.

BY ADVS.

SMT.P.JAYALAKSHMI SRI.K.P.SUDHEER PP SMT NIMA JACOB THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON

09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER In a case of alleged strangulation of the victim and causing damage to the testicles by hand, the learned Sessions Judge found at the initial stage that the case cannot be considered as one under Section 307 IPC and there is no ground to proceed under that provision against the accused, hence, ordered discharge for the abovesaid offence. The medical records shows the mark of strangulation over the neck of the victim. The ligature used was also seized. The medical records further show the damage caused to the testicles and the genital organ. The presence of a ligature mark and use of a ligature around the neck, if proved sufficiently, bring home the offence punishable under Section 307 IPC. The basic principle governing the area was overlooked by the Sessions Judge (now he retired from service). Hence, the order cannot be sustained and will stand set aside.

The Criminal Revision Petition will stand allowed accordingly and the order of discharge for the offence under Section 307 IPC will stand set aside, with a direction to the Sessions Court to frame a charge for the abovesaid offence against the accused and to proceed further in the matter.

Sd/-

P.SOMARAJAN JUDGE msp