Reformed growth of suspects is a positive factor when considering withdrawal of prosecution: High Court of Kerala

The Kerala High Court ruled that a prosecutor can consider the nature of the crime, or lack thereof gentlemen r and reformation of the suspect as positive factors in deciding whether to withdraw prosecution.

The single sofa of Judge K. Babu made this observation in a petition filed by the State against the order of the magistrate dismissing a request filed by the State for withdrawal of prosecution.

The four suspects are said to have committed criminal trespass on the premises of the Treasury Office Kattakada and smashed the window glass of the Treasury building causing a loss of Rs. 250. They are alleged to have committed offenses under section 447 (criminal trespass) r/w section 34 (common intention) of the IPC and section 3(2)(c) (mischief causing damage to public property) of the Prevention of damage to Public Property Act.

When the Magistrate Court made the case available for framing of charges, the Assistant Public Prosecutor filed an application under Section 321 of Cr.PC for withdrawal of the case. The magistrate dismissed the application on the grounds that the Assistant Public Prosecutor had merely filed the application in obedience to the government order and had not applied his opinion. The State appealed to the Supreme Court against this order.

The State has submitted before the Supreme Court that the accused, who was a student at the time, protested the death of another student who committed suicide because she was denied a bank loan for higher studies. This procession was obstructed by local people. A scuffle ensued. Some threw stones at the building, damaging the windows.

The public prosecutor has argued that there is insufficient evidence to show that the suspect committed the offense. He further argued that it is doubtful whether the suspect had the disposal gentlemen r to commit the crime. The State has argued that the suspect’s sole intention was to sit in a dharna. Due to the intervention of the local population, the issue got out of hand. The State further argued that the suspect had no criminal record. They were protesting for a genuine cause. Moreover, the state said that the loss caused amounts to Rs. Only 250.

The incident took place in 2004. The public prosecutor has argued that the suspects have completed their training. Most of them are political and social leaders, some of them are engaged in social work.

The Court agreed with the State’s comments. It noted:

“The trivial nature of the offense, the lack of mens rea on the part of the suspect in committing the offense and the reformed growth of the suspect, who has transformed himself into a dedicated social worker, are some of the positive factors that the Court may take into consideration when granting permission. permission to withdraw the prosecution.”

The Court concluded that the suspects have reformed due to the fact that most of them now do social work. The Court noted that the withdrawal of the case will benefit society, the community or the public as a whole.