Riyas vs State Of Kerala
2021 Latest Caselaw 12527 Ker

OP(CRL.) NO. 179 OF 2020
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       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
       THE HONOURABLE MR. JUSTICE SUNIL THOMAS
  MONDAY, THE 24TH DAY OF MAY 2021 / 3RD JYAISHTA, 1943
                OP(CRL.) NO. 179 OF 2020
    (SC NO.246/2017 OF ADDITIONAL DISTRICT COURT II,
                       ERNAKULAM
PETITIONER/ACCUSED NO.31:

        RIYAS
        AGED 33 YEARS
        S/O ALIYAR, AREECKAL HOUSE,
        CHERUVATTOOR KARA,IRAMALLOOR VILLAGE,
        KOTHAMANGALAM,ERNAKULAM DISTRICT-686666.

        BY ADVS.
        RESMI THOMAS
        SRI.K.V.SURESH KUMAR



RESPONDENT/S:

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA,
         ERNAKULAM-682031.




        SR.PP SRI.C.N PRABHAKARAN



    THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(CRL.) NO. 179 OF 2020
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                        JUDGMENT

The petitioner herein is arrayed as the 31st accused

in Crime No.756 of 2011 of Kothamangalam Police Station

for offences punishable under Sections 366(A), 373, 376,

376(g) of the Indian Penal Code. The matter was pending

before the court below, after the laying of the final report.

Several allegations were raised against the accused. The

crux of the allegation was that some time on a day in

2011, the 7th accused induced the victim, a girl of 18

years of age, to come to Kothamangalam and on reaching

there accused No.7 told her to go with him in a car driven

by the 31st accused. They committed rape on the victim

in the car. Thereafter, she was allegedly raped by several

persons. After investigation, final report was laid. Since

the petitioner herein was absconding, the case against

him was split up. The grievance of the petitioner is that all

the other accused were acquitted after trial and since his

arrest, the case has been split up and is being proceeded

against him. He is on bail and seeks an early disposal. OP(CRL.) NO. 179 OF 2020

2. It seems that essentially the dealy that has been

caused till now can also be attributed to the laches on the

part of the petitioner. However, having considered the

anxiety expressed by the petitioner and also considering

the fact that the right for the speedy trial is available to

every person, I am inclined to dispose of the OP(Crl) itself

with a direction to the court below, to take up SC.No.246

of 2017 and to dispose it of as expedtiously as possible, at

any rate, within a period of six months from the date of

receipt of a copy of this judgment.

OP(Crl) is disposed of.

Sd/-

SUNIL THOMAS, JUDGE R.AV OP(CRL.) NO. 179 OF 2020

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.756/2011 OF KOTHAMANGALAM POLICE STATION,ERNAKULAM DISTRICT,PENDING BEFORE THE ADDL.DISTRICT & SESSIONS COURT,II,ERNAKULAM.

RESPONDENT'S/S NIL EXHIBITS