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2018 Supreme(Online)(KER) 55351

HIGH COURT OF KERALA
P.UBAID, J
PADMANABHAN – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

The revision petitioner herein is the sole accused in C.C 520/2001 of the Judicial First Class Magistrate Court, Malappuram. The de-facto complainant in this case is his next door neighbour. She is a lady having husband and children. The revision petitioner faced prosecution in the court below under Sections 452, 355 and 324 I.P.C, on the allegation that at about 3.30 p.m on 11.3.2001, he trespassed into the house of the de facto complainant, assaulted her, and inflicted injuries on her body with a chappal and also with a stick, due to some previous enmity. The Police registered the crime on the complaint made by the de-facto complainant on the same day. After investigation, the Police submitted final report in court. 2. The accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against him. The prosecution examined ten witnesses and proved Exts.P1 to P4 documents. The MO1 and MO2 properties were also identified during trial. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C and projected a defence that the de facto complainant foisted a false case against him for fear that he would report her bad

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