IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 4262 of 2006()
1. PRABHA KUMAR @ MANIKUTTAN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.DINESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :19/02/2007
O R D E R
K.R.UDAYABHANU, J
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CRL.R.P.No.4262 of 2006
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Dated this the 19th day of February, 2007
ORDER
Revision petitioner stands convicted for the offence under
Sections 279, 337 and 338 IPC and sentenced, as modified by the
appellate court, to a fine of Rs.1,000/- under Section 279 IPC and
15 days simple imprisonment and a fine of Rs.1,000/- under
Section 338 of IPC.
2. The case of the prosecution is that on 21.2.2001, at 9
P.M., the accused drove an autorickshaw bearing registration
No.KL01 F 6875, without obtaining fitness certificate, insurance
certificate and license, in a rash and negligent manner and the
vehicle capsized and CW’s 1 and 2, the passengers sustained
injuries including fracture on the distal portion of left leg toe of
CW2. It is contended by the counsel for the revision petitioner
that there is no evidence identifying the accused. There is delay
of 30 days in lodging the complaint. AMVI was not examined.
Hence, it is not evident that the accident took place not on
account of mechanical defects of the vehicle.
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3. In view of the evidence in the case, I find that
prosecution has failed to establish that the accused drove the
vehicle when the accident took place. Non existence of any
mechanical defect of the vehicle was not proved. Further the
delay stands not explained. These aspects were not considered
by the trial court as well as by the appellate court. In these
circumstances, I find that the conviction and sentence cannot be
sustained. The same is set aside. The accused stands acquitted.
The Criminal Revision Petition is allowed accordingly.
K.R.UDAYABHANU,
JUDGE
csl
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K.R.UDAYABHANU, J
Crl.R.P.No.899 of 2001
ORDER
15th February, 2007
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CRRP4262/2006 Page numbers