Kerala High Court
Shafeeq vs State Of Kerala on 23 May, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
CRL.MC NO. 3103 OF 2024
CRIME NO.150/2015 OF CHOMBALA POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.780 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, VADAKARA
PETITIONERS/ACCUSED:
1 SHAFEEQ
AGED 37 YEARS, S/O.IBRAHIM, SAFREENA MANZIL,
PAZHAYA KOTTARAM PARAMBATH, AZHIYOOR P.O,
KOZHIKODE DISTRCT-, PIN - 673308
2 RAHEEM
AGED 41 YEARS, S/O.MUHAMMED, VAYAL
PARAMBATH HOUSE, AZHIYOOR P.O,
KOZHIKODE DISTRCT, PIN - 673308
3 KHALEEL
AGED 46 YEARS, S/O.ASSU N.K,
ASHARIYA MANZIL, AZHIYOOR P.O,
KOZHIKODE DISTRCT, PIN - 673308
BY ADVS.
M.A.AHAMMAD SAHEER
E.A.HARIS
MUHAMMED YASIL
RESPONDENT/STATE AND COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV.
SRI.ASHI M.C. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.3103 of 2024
:2:
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.3103 of 2024
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Dated this the 23rd day of May, 2024
ORDER
Petitioners are accused 2, 6 and 8 in Crime No.150/2015 of
Chombala Police Station. The case against them was initially taken
cognizance as C.C.No.821/2015. However, since the petitioners had
absconded, trial proceeded against the remaining accused. By judgment
dated 16.09.2023, accused 1, 3, 4, 5 and 7 in C.C.No.821/2015 were
acquitted. The case against the petitioners has now been renumbered as
C.C.No.780/2023 after they appeared before the Court. They seek the
benefit of acquittal of the co-accused to be extended to them.
2. I have heard Sri.Ahammad Saheer M.A. - learned counsel for
the petitioners as well as Sri.Ashi M.C. - learned Public Prosecutor.
3. On a perusal of the judgment of acquittal of the co-accused in
C.C.No.821/2015, it is noticed that those accused have been acquitted
due to the absence of evidence. In paragraph 8 of the said judgment, it
is observed that CW1, the defacto complainant and CW2 and CW3, who
were occurrence witnesses, were not examined. Since those material
witnesses had not turned up, to given evidence, the prosecutor gave up
the remaining witnesses. On the above basis, it was held that the
prosecution had failed to prove the case against the accused beyond
reasonable doubt.
4. Though the material witnesses in the trial against the
co-accused did not appear, the same is not a reason to assume that
those witnesses will not turn up in the trial against the petitioners. The
extension of benefit of acquittal of co-accused can be granted only when
the substratum of the prosecution case has been destroyed. Merely
because the material witnesses had not turned up and the prosecution
had given up the remaining witnesses in the trial against some of the
accused is not by itself a reason to extend the benefit of acquittal of the
co-accused to those who were absconding or those who had not turned
up for trial.
Therefore, I find no merit in this Crl.M.C. and it is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
anm
PETITIONERS' ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.780/2023 ON THE FILES JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, VADAKARA
Annexure A2 THE TRUE COPY OF THE WITNESS LIST IN
C.C.NO.780/2023 ON THE FILES JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, VADAKARA
IN IN CRIME NO.150/2015 OF CHOMBALA
POLICE STATION
Annexure A3 THE TRUE COPY OF THE JUDGMENT DATED 16-
09-2023 IN C.C.821/2015 OF THE HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
VATAKARA
