Court quashed proceedings against the petitioner due to lack of evidence and prior acquittal of co-accused.

ORDER

Dated this the 16^th day of March, 2026 The 1st accused in Crime No.136/1995 of Parassala police station, now pending as S.C.No.1/2016 before the Additional Sessions Court (Atrocities & Sexual Violence Against Women & Children),Thiruvananthapuram, now pending before the Additional Sessions Court, Neyyattinkara as S.C.No.1494/2024 filed this Crl.M.C. under Section 528 of BNSS, praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 143 , 147, 148, 149, 448, 344, 366A, 376 of IPC .

2. The prosecution case is that due to the enmity of the accused persons towards CWs 2 & 3 as CW2 was not given in marriage to the 1^st accused, the accused persons formed themselves in an unlawful assembly on 22.04.1995 at about 4.15 p.m., trespassed into the residence of the defacto complainant and kidnapped CW2. When CWs 4 & 5 intervened, they voluntarily caused hurt to them. Thereafter, the 1^st accused committed rape upon CW2 and thereby they are alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, as per Annexure A6 judgment the Sessions Judge, Thiruvananthapuram has already acquitted the accused persons 3, 4 & 5. Further according to the learned counsel, before the Sessions Judge CW2 deposed that she was not abducted or sexually abused by the 1^st accused. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the learned Public Prosecutor.

5. On a perusal of Annexure A6 judgment and deposition given by CW2 as PW3 it is revealed that she deposed before the Court that she was not abducted by the accused persons and also that she was not sexually abused by the petitioner. In the light of the above evidence given by PW3, the victim before the Sessions Court, there is absolutely no meaning in continuing the proceedings against the petitioner as the same will only be an abuse of the process of the court.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in Crime No.136/1995 of Parassala police station, now pending before the Additional Sessions Court, Neyyattinkara as S.C.No.1494/2024, stands quashed under Section 528 of B.N.S.S.

Sd/-