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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN
Babu Avarachan S/O. Avarachan – Appellant
Versus
State Of Kerala Represented by the S.I. Of Police – Respondent
| Table of Content |
|---|
| 1. summary of case history and prosecution events. (Para 2 , 3 , 4 , 5 , 6) |
| 2. injured witness testimony provides a high presumption of credibility. (Para 7 , 8 , 9) |
| 3. defining minor offences under section 222 cr.p.c. for unsourced charges. (Para 10 , 11 , 12 , 14 , 15 , 16) |
| 4. modification of conviction to section 323 ipc as a minor offence. (Para 18 , 19 , 21) |
ORDER :
JOBIN SEBASTIAN, J.
1. This criminal revision petition has been filed under Sections 397 and 401 of the Code of Criminal Procedure, challenging the judgment of conviction and the order of sentence passed against the revision petitioner for the offence punishable under Section 324 of Indian Penal Code by the Judicial First Class Magistrate Court-II, Ernakulam, as per judgment dated 02.06.2015 in C.C. No.961/2005, which was confirmed in appeal by the Additional Sessions Court-IV, Ernakulam, by judgment dated 01.01.2016 in criminal appeal No.272/2015. The revision petitioner is the first accused in the said case and the remaining accused were acquitted by the trial court.
2. The prosecution case can be epitomized as follows;
The accused, three in number, were employees in a private bus bearing registration No.
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