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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
BENNY JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. details of the accused and nature of charges. (Para 1 , 2) |
| 2. petitioner's request to quash based on allegations being false. (Para 3 , 4) |
| 3. discussion on legal precedents and standards for quashing. (Para 6 , 7 , 8) |
| 4. evaluation of allegations and their relation to specific offences. (Para 9 , 10 , 11 , 12) |
ORDER
Dated : 25th November, 2025 The petitioner is the sole accused in S.C.336/2023 on the file of the Sessions Court, Kottayam, facing charges under Sections 294 (b), 323, 341, 354, 447 of IPC and Section 3(2)(va) of SC/ST (PoA) Amendment Act, 2015.
2. The prosecution case is that the accused, who is not a member of the scheduled caste or scheduled tribe, due to his enmity towards Cws1 and 2, as there is property dispute between them, with the knowledge that they are members of the scheduled caste community, on 17.3.2023 at about 2.45 pm trespassed into the sit-out of their residence, twisted the hands of CW2, the 102 year old mother of CW1 and pulled her down into the courtyard of the house and when CW1 intervened, he abused her in filthy words, wrongfully restrained her holding on her hair, caught hold on her neck, hit on the backside of her chest, outraged
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