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HIGH COURT OF KERALA
K VINOD CHANDRAN, C. JAYACHANDRAN, JJ
SINOJ – Appellant
Versus
STATE OF KERALA – Respondent
CRL.A 783 2016
Criminal Law - Sexual Offences - Criminal Procedure Code Sections 218, 219, 220, 223 - The court discussed the differentiation between several offences occurring by different accused, the relevance of definition under Cr.P.C, and the procedural lapses in trials for separate offences.
Fact of the Case:
The victim, a minor, was subjected to repeated sexual assaults by multiple defendants over two years. The prosecution faced challenges in clubbing charges under differing sections due to the nature and timing of the offences.
Finding of the Court:
The court ruled that the splitting of trials for distinct offences led to procedural inconsistencies and prejudices against the accused. The absence of joint trials for clearly interconnected offences complicated the case.
Issues: Whether the trial court erred in not conducting a joint trial for multiple defendants charged with different aspects of the same crime and if the charges were sufficiently specific to inform the accused of the allegations against them.
Ratio Decidendi: The court emphasized the importance of properly framing charges and conducting appropriate trials under the provisions of the Cr.P.C, highlighting the right of the accused to a fair trial without undue prejudice.
Final Decision: The convictions were upheld for certain defendants while others were acquitted due to lack of evidence linking them to specific charges.
CR IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN &
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944 CRL.A NO. 191 OF 2015 AGAINST THE ORDER/JUDGMENT IN SC 290/2013 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN)
CP 13/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR CRIME NO.216/2008 OF PUTHENVELIKKARA POLICE STATION APPELLANT:
FRANCIS @ CHEECHI PANCHI S/O.THOMAS,KURIAPPILLY VEEDU,KEEZHUPPADAM BHAGAM,ELENTHIKKARA KARA,PUTHENVELLIKKARA VILLAGE.
BY ADV SRI.P.MOHAMED SABAH RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.
BY ADVS.
GOVERNMENT PLEADER SMT.AMBIKA DEVI S, SPL.GP ATROCITIES AGAINST WOMEN &
CHILDREN & WELFARE OF W & C ADVOCATE GENERAL OFFICE KERALA SMT.S.AMBIKA DEVI, ADDL.CGSC(CG-151)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.07.2022, ALONG WITH CRL.A.211/2015, 765/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN &
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944 CRL.A NO. 211 OF 2015 AGAINST THE ORDER/JUDGMENT IN SC 197/2011 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN)
CP 13/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR CRIME NO.216/2008 OF PUTHENVELIKKARA POLICE STATION APPELLANT:
RAJEEV, AGED 32 YEARS S/O.RAVEENDRAN, GEETHALAYAM, MARUTHAMOODU DESOM, PULLAPPARA VILLAGE, VENJARAMOOD, THIRUVANANTHAPURAM DISTRICT. (NOW RESIDING AT THE HOUSE OF BHARGAVI AMMA, CHITTETHU, POOPPATHI DESOM, POYYA VILLAGE, KODUNGALLUR TALUK).
BY ADVS.
SRI.G.HARIHARAN SRI.PRAVEEN.H.
G.HARIHARAN K.S.SMITHA(K/106/2012)
V.R.SANJEEV KUMAR(K/000741/2017)
ANJALY T.A(K/1694/2020)
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY ADVS.SMT.AMBIKA DEVI S, SPL.GP ATROCITIES AGAINST WOMEN &
CHILDREN & WELFARE OF W & C THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 05.07.2022, ALONG WITH CRL.A.191/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN &
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944 CRL.A NO. 765 OF 2015 AGAINST THE ORDER/JUDGMENT IN SC 289/2013 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN)
CP 13/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR CRIME NO.216/2008 OF PUTHENVELIKKARA POLICE STATION APPELLANT:
RAJEEV, AGED 32 YEARS S/O. RAVEENDRAN, GEETHALAYAM, MARUTHAMOODU DESOM, PULLAPPARA VILLAGE, VENJRARAMOODU, THIRUVANANTHAPURAM.
BY ADVS.
SRI.P.VIJAYA BHANU (SR.)
SMT.PRAMEELA.C.K.
SRI.SAM ISAAC POTHIYIL SRI.A.S.SREEJAN RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY ADVS.
SMT.AMBIKA DEVI S, SPL.GP ATROCITIES AGAINST WOMEN &
CHILDREN & WELFARE OF W & C SMT.PRAICY JOSEPH SPL. GOVERNMENT PLEADER THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 05.07.2022, ALONG WITH CRL.A.191/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN &
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944 CRL.A NO. 802 OF 2015 AGAINST THE ORDER/JUDGMENT IN SC 289/2013 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN)
CP 13/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR CRIME NO.216/2008 OF PUTHENVELIKKARA POLICE STATION APPELLANT:
FRANCIS @ CHEECHI PANCHI AGED 49 YEARS S/O.THOMAS, KURIAPPILLY VEEDU, KEEZHUPPADAM BHAGAM, ELENTHIKKARA KARA, PUTHENVELIKKARA VILLAGE.
BY ADV SRI.P.MOHAMED SABAH RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERN
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