Citation : 2024 Latest Caselaw 15670 Ker
Judgement Date : 6 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
Thursday, the 6th day of June 2024 / 16th Jyaishta, 1946
CRL.A NO.117 OF 2017
SC NO.1017/2013 OF ADDITIONAL SESSIONS COURT, IRINJALAKUDA
APPELLANT/ACCUSED NO.3:
PRADEEP @ KANNAN, AGED 37 YEARS,
S/O.BALAN, KONAKKATTIL HOUSE,
VILANGANTHODU DESOM, PORATHISSERY VILLAGE,
THRISSUR DISTRICT.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031.
This Criminal appeal coming on for orders upon perusing the appeal
and upon hearing the arguments of M/S.R.ANIL R,B.RAMAN PILLAI
(SR.)(R-260),M.SUNILKUMAR,SUJESH MENON V.B.(S-1613),T.ANIL KUMAR,THOMAS
ABRAHAM (NILACKAPPILLIL),THOMAS SABU VADAKEKUT,MAHESH BHANU S.,RESSIL
LONAN and of PUBLIC PROSECUTOR for the respondent,the Court passed the
following:
P.T.O.
P.B.SURESH KUMAR & M.B.SNEHALATHA , JJ.
-----------------------------------------------
Crl.A.Nos.117 & 127 OF 2017
-----------------------------------------------
Dated this the 6th day of June, 2024
ORDER
After pronouncing the judgment, it was noticed that the
sentence "Ext.P25 statement of the victim recorded under Section
161 Cr.P.C. is inadmissible in evidence." in paragraph 30 of the
judgment is incomplete inasmuch as the words "Since the
prosecution failed to prove the cause of death of the victim" were
omitted to be typed at the beginning of the sentence. The said error
needs to be corrected suo motu.
It is, therefore, ordered that the sentence aforesaid will
stand corrected as " Since the prosecution failed to prove the cause
of death of the victim, Ext.P25 statement of the victim recorded
under Section 161 Cr.P.C. is inadmissible in evidence."
Sd/-
P.B.SURESH KUMAR, JUDGE.
Sd/-
M.B.SNEHALATHA, JUDGE.
06-06-2024 /True Copy/ Assistant Registrar
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