No merit in prosecution if key witnesses turn hostile and co-accused are acquitted.

O R D E R

(Dated this the 29th day of January, 2026)

The petitioner is the 4^th accused in S.C No.173 of

2022 of Additional Sessions Court, Manjeri, arising out of Crime No.64 of 1994 of Kondotty Police Station. He filed this petition under Section 482 Cr.PC praying for quashing all further proceedings against him. The offence alleged against the petitioner and the co-accused are under Sections 366(A), 377, 354, 511 and 376 r/w Section 34 of IPC.

2. According to the learned counsel for the petitioner, as per Annexure-A3 and A4 judgments, the other accused were already acquitted by the Sessions Court and therefore, he prayed for quashing all further proceedings against the petitioner also.

3. On a perusal of Annexure-A3 judgment, it can be seen that, when the victim was examined as PW1, she categorically report before the learned Sessions Judge that she was not sexually assaulted or attempted to be sexually assaulted by anybody. She also deposed that she was not kidnapped by anybody. PW2 her mother also turned hostile to the prosecution and did not support the prosecution.

4. It was in the above context, the learned Sessions Judge acquitted the 1^st accused as per Annexure-A3 judgment. From Annexure-A4 judgment, it is revealed that the accused persons 2, 3 and 5 were acquitted, as none of the witnesses turned up for giving evidence.

5. In the light of Annexure-A3 and A4 judgments, there is absolutely no meaning in continuing the proceedings against the petitioner as it will only be an abuse of the process of the Court.

Therefore, this Crl. M.C is allowed. All further proceedings against the petitioner in S.C No.173 of 2022 of Additional Sessions Court, Manjeri, arising out of Crime No.64 of 1994 of Kondotty Police Station, is quashed under Section

482 of the Code of Criminal Procedure .

Sd/-