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2025 Supreme(Online)(Ker) 37144
IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
RAJEESH @ RAMBAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 259 OF 2025
Advocates:
For the Appellants/Petitioners: M.VIVEK, RENEETA VINU
For the Respondents: AJITH MURALI, PP
For the Appellants/Petitioners: M.VIVEK, RENEETA VINU
For the Respondents: AJITH MURALI, PP
The court delineates its limitations in evidentiary scrutiny under Section 528 of the Bharatiya Nagarika Suraksha Sanhita.
Headnote:In the context of Section 528 of the Bharatiya Nagarika Suraksha Sanhita, the Court observed that the petitioner contends innocence due to lack of evidence on conspiracy allegations. The contention was not examined as the Court's role was limited in scrutinizing evidence at this stage. The Crl.M.C is closed.
The learned Counsel for the petitioner contended that as on the date of the alleged incident, the petitioner was abroad and absolutely no material is produced by the prosecution to substantiate the allegation of conspiracy. The contention cannot be considered since, this Court, in exercise of the power under Section 528 of the Bharatiya Nagarika Suraksha Sanhita , is not expected to scrutinize the evidence. Needless to say, it will be open to the petitioner to raise all such contentions and let in evidence, to prove his innocence, before the trial court.
