Kerala High Court
Kumaran vs State Of Kerala on 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Friday, the 3rd day of February 2023 / 14th Magha, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 951 OF 2022
SC 633/2017 OF FAST TRACK SPECIAL COURT, PALAKKAD
PETITIONER/PETITIONER:
KUMARAN, AGED 69 YEARS,S/O.CHATHU RAMACHAN, PADINJAREKKAD,
CHULLIMADA, KANJIKKODE.P.O, KANJIKKODE VILLAGE, PALAKKAD TALUK,
PALAKKAD DISTRICT., PIN - 678621
RESPONDENT/RESPONDENT:
THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence vide judgment
dated 16-06-2022 in SC No.633/2017 of the Court of Fast Track Special
Court, Palakkad,during the pendency of above Criminal Appeal, and direct
to release the petitioner/appellant, so as to secure the ends of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of Smt. MINI.V.A., Advocate for the
petitioner and of PUBLIC PROSECUTOR, for the respondent, the court passed
the following:
ALEXANDER THOMAS & C.S.SUDHA, JJ.
=================================
Crl.M.A No.1 of 2022
in
Crl.Appeal No.951 of 2022
[arising out of the impugned judgment dated 16.06.2022 in S.C No.633/2017
on the file of the Fast Track Spl. Court, Palakkad]
=================================
Dated this the 03rd day of February, 2023
ORDER
Sri.P.G.Manu, learned Prosecutor submits that he has been entrusted
with this case only today and that, he received the case file only yesterday
evening and that therefore, he wants more time to produce the materials sought
for by this Court, in terms of para 5 of the order dated 13.01.2023.
2. Further, based on the submissions of the learned counsel for
the appellant, we see that additional statement of the victim girl in terms
of Sec.161 of the Cr.P.C. has been taken by the Investigating Officer, after
the medical examination, as per Annexure-A2 Medical Certificate dated
19.07.2017 and before the submission of Annexure-A3 report of the
Investigating Agency on 20.07.2017, before the Special Court.
3. Accordingly, it is ordered that the learned Prosecutor will comply
with the directions issued by this Court, as per para 5 of the order dated
13.01.2023 and should produce copies of the Sec.161 Cr.P.C statements given by
PW-1 (Counsellor) & PW-6 (victim's father) and should also produce legible
typewritten versions of those Sec.161 statements given by PW-1 & PW-6. The
learned Public Prosecutor should also make available copies of the said
Sec.161 Cr.P.C. statement, said to have been given by the victim, as
Crl.M.A No.1 of 2022
in
Crl.Appeal No.951 of 2022
referred to in para 3 of Annexure-A3 report dated 20.07.2017, along with
legible typewritten version of the said statement of the victim, should be
placed, along with the other materials, for our perusal. All the abovesaid
materials should be filed along with the memo of the learned Prosecutor,
well before the next posting day. Copy of those materials, along with the
memo of the learned Prosecutor, should be served, in advance, to the
learned counsel for the appellant.
4. The learned Prosecutor assures that the needful would be done
within 10 days.
List the case on 24/02/2023.
Hand Over
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C.S.SUDHA, JUDGE
vgd
03-02-2023 /True Copy/ Assistant Registrar
