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Kerala High Court
Resmi @ Sandhya vs State Of Kerala on 27 March, 2026
2026:KER:27042
Crl.M.C Nos.8624/2018 & 8835/2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
CRL.MC NO. 8835 OF 2018
CRIME NO.331/2011 OF AROOR POLICE STATION, ALAPPUZHA
AGAINST THE COURT CHARGE DATED 11.12.2018 IN SC NO.366
OF 2012 OF THE PRINCIPAL SESSIONS COURT, ALAPPUZHA
PETITIONER/4TH ACCUSED:
SANDHYA @ RESMI
AGED 28 YEARS
D/O UNNI, POPPOLLY VEEDU,
NEAR SREE NARAYANA TEMPLE,
KUTTIPLANGANATH, KOKKAYAR PANCHAYATH,
IDUKKI DISTRICT.
BY ADVS.SHRI.GEORGE SEBASTIAN
SRI.DHANESH MATHEW MANJOORAN
RESPONDENT/COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-682 031.
2 GEETHU
D/O PONNAN, PILATHIKKULAM HOUSE,
14TH WARD AROOR PANCHAYATH, ALAPPUZHA -688534
[IMPLEADED AS ADDITIONAL R2 AS PER ORDER DATED
11.04.2025 IN CRL M.A 1/2025 IN CRL MC 8835/2018]
BY ADV ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI JAYAKRISHNAN U., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
25.03.2026, ALONG WITH CRL.MC.8624/2018, THE COURT ON
27.03.2026 PASSED THE FOLLOWING:
2026:KER:27042
Crl.M.C Nos.8624/2018 & 8835/2018 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
CRL.MC NO. 8624 OF 2018
CRIME NO.331/2011 OF AROOR POLICE STATION, ALAPPUZHA
AGAINST THE ORDER DATED 11.12.2018 IN
CRL.M.P.NO.7278/2018 IN SC NO.366 OF 2012 OF THE PRINCIPAL
SESSIONS COURT, ALAPPUZHA
PETITIONER/4TH ACCUSED:
RESMI @ SANDHYA,
AGED 28 YEARS
D/O. UNNI,. POPPOLLY VEEDU,.
NEAR SREE NARAYANA TEMPLE,
KUTTIPLANGANATH, KOKKAYAR PANCHAYATH,
IDUKKI DISTRICT.
BY ADV SHRI.GEORGE SEBASTIAN
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,
KOCHI-682031.
2 XXXX( R2 )
ADDL R2 IS IMPLEADED AS PER ORDER DATED 24/06/25 IN
CRL.M.A.1/2025 IN CRL.M.C.8624/2018.
SRI SUDHEER.G, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.03.2026, ALONG WITH CRL.MC.8835/2018, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
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Crl.M.C Nos.8624/2018 & 8835/2018 3
ORDER
Both these petitions are filed under Section 482 Cr.P.C by the 4th
accused in S.C No.366/2012 on the files of the Sessions Court,
Alappuzha. The petitioner faces criminal prosecution for the commission
of offence under Section 366A and Section 109 r/w Sections 354 and
376 I.P.C in the aforesaid case.
2. The prosecution case relates to the serial rape perpetrated
upon a girl aged below 16 years, belonging to the Scheduled Caste
community, during the period from August, 2010 to October, 2010.
Accused Nos.1 to 4 are alleged to have procured the above minor girl to
various venues, and thereby facilitated sexual exploitation at the
instance of accused Nos.5 to 8, who are alleged to have raped her, and
accused No.9, who is alleged to have outraged her modesty. Accused
No.10 is said to be the person who arranged a building on rent for
facilitating accused No.6 to commit rape upon the victim, and accused
No.9 to outrage her modesty. It is further alleged that the victim was
induced by accused Nos.1 to 4 and taken to various places and seduced
to illicit intercourse with accused Nos.5 to 8 for monetary gains.
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Crl.M.C Nos.8624/2018 & 8835/2018 4
3. The precise allegations against accused Nos.1 to 10 in
connection with the offences alleged in this case, are as follows:
(i) In the first week of August, 2010, the accused Nos.1 to 3
took the victim girl from her home where she was remaining under the
lawful guardianship of her parents, to the house of the 7th accused at
Kalamassery and subjected her to rape by the 7th accused.
(ii) In the second week of August, 2010, the accused Nos.1 to 3
took the victim girl in the same manner to the house at Perumbavoor
where the 8th accused was residing on rent, and subjected her to rape
at the instance of the 8th accused.
(iii) In the last week of August, 2010, the accused Nos.1 and 2
took the victim girl in the same manner in the car of the 5th accused to
a hotel room at Puthiyakavu in Thripunithura, and facilitated rape by the
5th accused.
(iv) By the end of September, 2010, the second accused took the
victim girl in the same manner to the house where accused Nos.4 and
10 are residing on rent, and subjected her to sexual exploitation by the
9th accused, who outraged her modesty. It is stated that the 9th
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Crl.M.C Nos.8624/2018 & 8835/2018 5
accused could not commit rape upon the victim at that time since she
was said to be menstruating.
(v) During the early days of October, 2010, the second accused
took the victim girl in the same manner to the same house where the
accused Nos.4 and 10 were residing on rent, and subjected her to rape
at the instance of the 6th accused.
(vi) The 10th accused facilitated the sexual exploitation of the
minor girl at the instance of the 9th accused, who outraged her
modesty, and the 6th accused, who raped her at the house which the
10th accused had leased out and entrusted to the 4th accused for
perpetrating the aforesaid heinous crime upon that minor girl belonging
to the Scheduled Caste community.
4. The petitioner filed Crl.M.P No.7278/2018 before the learned
Sessions Judge with a prayer to order separate trial of the case as
against her. It was contended that the joint trial of the case, along with
the other accused, would cause prejudice to her. Another contention
raised was that the offences under Sections 3(1)(xi) and 3(2)(v)
incorporated in the final report cannot be charged against her since she
also belonged to the Scheduled Caste community. By the order dated
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Crl.M.C Nos.8624/2018 & 8835/2018 6
11.12.2018, the learned Sessions Judge dismissed the aforesaid
application. Crl.M.C No.8624/2018 is filed against the aforesaid order of
the learned Magistrate.
5. After hearing both sides, the learned Sessions Judge framed
charges against the accused Nos.2 to 10. (Shown under Serial Nos.1 to
9 in the Court charge). Thereupon, the petitioner filed Crl.M.C
No.8835/2018 before this Court for a direction to the Sessions Court to
modify the Court charge and to frame separate charge in respect of the
allegations against the petitioner. It was contended that earlier separate
proceedings were initiated against the petitioner in S.C No.308/2012,
and that the proceedings in the aforesaid case was closed by the Trial
Court on 18.07.2018 clubbing the above case with S.C No.366/2012 and
assigning the ranking of the petitioner as 4th accused in that case.
According to the petitioner, the aforesaid course of procedure followed
by the Sessions Court, would cause prejudice to her.
6. Heard the learned counsel for the petitioner and the learned
Public Prosecutor representing the State of Kerala.
7. The reasons stated by the petitioner for seeking a separate
trial for the case against her, and for modifying the Court charge, are
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Crl.M.C Nos.8624/2018 & 8835/2018 7
prima facie unsustainable. It is apparent from the facts and
circumstances of the case that the specific allegations against the
petitioner are that she, with the assistance of the second accused,
induced the victim girl who was under the age of 16 years, to go from
her place of abode and seduced her to illicit intercourse with accused
No.6 at the house where the petitioner had been residing along with the
10th accused. Another allegation against the petitioner is that she had
abetted the offence under Section 354 I.P.C by putting the victim girl in
a room of her house along with the 9th accused, who outraged the
modesty of that girl by fondling her body parts. The prosecution
records would also disclose that the aforesaid acts were committed by
the petitioner for monetary gains as per the plan chalked out by the
10th accused, who hired the house of CW8 and entrusted the same to
the petitioner herein for facilitating the sexual exploitation of that minor
girl. The aforesaid aspects revealed from the prosecution records would
make it clear that the criminal acts committed by the petitioner are
inseparably linked to the criminal acts attributed against the other
accused in this case. So also, it is apparent that the criminal acts
attributed against the petitioner are committed in the course of the
2026:KER:27042
Crl.M.C Nos.8624/2018 & 8835/2018 8
same transaction in which the victim girl was subjected to sexual
exploitation by the other accused. That being so, there is absolutely no
legal infirmity in the decision of the learned Sessions Judge to conduct
the trial of the case against the petitioner jointly with the trial of the
case against the other accused. It cannot be said that the aforesaid
procedure would cause any prejudice to the petitioner.
8. As regards the contention of the petitioner that the offence
under the relevant provisions of the SC/ST (POA) Act are not attracted
against her, it is pertinent to note that in the Court charge framed by the
learned Sessions Judge, the offences under the relevant provisions of
the SC/ST (POA) Act are not attributed against the petitioner.
Therefore, the aforesaid contention of the petitioner is also devoid of
any legal basis. On going through the contents of the Court charge
framed by the learned Sessions Judge, I am of the view that there is
absolutely no reason to direct any alteration or modification of the
aforesaid charge insofar as it relates to the allegations against the
petitioner. However, it is well within the ambit of powers of the learned
Sessions Judge to alter the charge at any time before the judgment is
pronounced, in exercise of his powers under Section 216 Cr.P.C, if found
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Crl.M.C Nos.8624/2018 & 8835/2018 9
necessary. At any rate, there is absolutely no merit in these petitions
filed by the petitioner, seeking separate trial and modification of charge.
In the result, the petitions are hereby dismissed.
(sd/-)
G. GIRISH, JUDGE
jsr
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Crl.M.C Nos.8624/2018 & 8835/2018 10
APPENDIX OF CRL.MC NO. 8835 OF 2018
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE RELEVANT EXTRACT OF THE
FINAL REPORT IN CRIME 331/2011 OF THE AROOR
POLICE STATION.
ANNEXURE B TRUE COPY OF THE Court CHARGE DATED
11.12.2018 IN S.C.366/2018 OF PRINCIPAL
SESSIONS Court ALAPPUZHA.
ANNEXURE C TRUE COPY OF THE STATEMENT OF THE VICTIM
UNDER Section 164 OF CR.P.C.
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Crl.M.C Nos.8624/2018 & 8835/2018 11
APPENDIX OF CRL.MC NO. 8624 OF 2018
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE RELEVANT EXTRACT OF THE
FINAL REPORT IN CRIME 331/2011 OF THE AROOR
POLICE STATION.
ANNEXURE B TRUE COPY OF THE PROCEEDINGS DATED 18.7.2018
IN S.C.NO, 308/2012 OF THE SESSIONS Court,
ALAPPUZHA ,RECEIVED FROM E-Court SERVICES.
ANNEXURE C TRUE COPY OF THE CRL.M.P.NO, 7278/2018 IN
S.C.NO, 366/2012 OF THE SESSIONS,Court,
ALAPPUZHA.
ANNEXURE D TRUE COPY OF THE ORDER DATED 11.12.2018 IN
CRL. M.P. NO, 7278/2018 IN SC.NO, 366/2012 OF
THE SESSIONS Court, ALAPUZHA.
