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2026 Supreme(Online)(Ker) 6156

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
NAJEEB – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.SAMSUDIN, SMT.MILAN RACHEL MATHEW, SMT.LIRA A.B
For the Respondents: SRI. BREEZ M.S

O R D E R

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

The petitioner is the 4th 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 1st accused as per Annexure-A3 judgment. Fro

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