IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Crl.Rev.Pet.No. 4563 of 2007(A) ------------------------------- AGAINST THE ORDER DATED 19/11/2007 IN CRMP. 1433/2007 IN SC.13/2005 of SESSIONS COURT, MANJERI .................... REVN. PETITIONER: PETITIONER/ACCUSED ------------------------------------ ABDULLA KUTTY S/O.KUNHYDRU, MUSLIM,KAIPPILLY HOUSE KUTTIPPURAM AMSOM,KULAKKATTU DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OF POLICE KUTTIPURAM, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.R.P.No.4563 of 2007 ---------------------------------------- Dated this the 7th day of January 2008 O R D E R The petitioner is the first accused. He faces indictment for offences punishable inter alia under Section 376 I.P.C. Investigation was completed. Final report was filed. Cognizance was taken by the learned Magistrate. The case was committed to the court of Session. The learned Additional Sessions Judge had framed charges against the petitioner. Later the petitioner came before this court with a prayer to quash the proceedings and another Bench of this court, by Annexure F order, dismissed the said petition; but directed that the petitioner can apply for discharge before the court below and the court must consider the same in detail and dispose of the application. Accordingly the matter reached the learned Additional Sessions Judge again. By the impugned order, the learned Additional Sessions Judge rejected the prayer for discharge under Section 227 Cr.P.C and confirmed the earlier order framing charges. 2. The petitioner claims to be aggrieved by the impugned order. He has hence come to this court with the prayer that the revisional powers of this court may be invoked to Crl.R.P.No.4563/07 2 quash the charges framed against the petitioner. 3. The important charge levelled against the petitioner is the one under Section 376 I.P.C. Primarily, we have the statement of the victim girl about the alleged rape committed on her. I shall scrupulously avoid any detailed discussion on the question whether her evidence is acceptable and whether her evidence is improbable. At the stage of Section 227/228 Cr.P.C, the court does not embark on a detailed consideration as to whether the allegations are acceptable or the data collected is worthy or credible. I must scrupulously avoid any detailed discussion on merits about the acceptability of the evidence of the de facto complainant. I need only mention that it cannot, at the moment, be said that the allegations and the evidence of the victim, if accepted, would not disclose the offence under Section 376 I.P.C. In this view of the matter, I am of the opinion that the revisional challenge against the order framing charges cannot be upheld now. 4. I have taken note of the fact that the charges were framed as early as on 30/9/2005. The said order, it would appear, was not challenged. Be that as it may, the challenge is directed against the order dated 19/11/2007. That read along Crl.R.P.No.4563/07 3 with order Annexure F in Crl.M.C.No.3542/2006 can be reckoned as sufficient to enable the petitioner to challenge the initial order dated 30/9/2005 in the present revision petition and it is hence that I have considered whether the order framing charge dated 30/9/2005 as upheld or confirmed in the order dated 19/11/2007 warrants or deserves interference. 5. This Crl.R.P is in these circumstances dismissed. I may once again hasten to observe that I have not intended to express any opinion on the disputed question about the acceptability of the evidence of the principal witness, the alleged victim girl. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.4563/07 4 Crl.R.P.No.4563/07 5 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006