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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Santhosh Kumar, S/o. Gopalakrishna Pillai – Appellant
Versus
Represented By The Public Prosecutor High Court Of Kerala – Respondent
| Table of Content |
|---|
| 1. nature of the appeal and the context of the challenge under the sc/st (poa) act. (Para 2) |
| 2. the dispute regarding the existence of a prima facie case for offences under the sc/st (poa) act and ipc. (Para 3 , 4) |
| 3. defining whether an offence in a private residence constitutes an act within public view. (Para 5 , 6 , 7 , 8) |
| 4. dismissal of the appeal and direction for expedited trial. (Para 9) |
JUDGMENT :
A.BADHARUDEEN, J.
This appeal has been filed at the instance of the sole accused in S.C. No. 807/2025 pending before the files of the Special Court under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act [hereinafter referred as ‘SC/ST (POA) Act’ for short], 1989, Kottarakara challenging order in Crl.M.P. No. 1/2026 dated 21.02.2026.
2. Heard the learned counsel for the appellant/accused and the learned Public Prosecutor. Even though notice served upon the second respondent through the Station House Officer, she did not appear.
3. It is argued by the learned counsel for the appellant/accused that, in this matter, the ingredients for the offences punishable under Section 506 of the Indian Penal Code [hereinafter referred as ‘IPC’, for short], as well
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