SEENA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the prosecutrix in several cases pending before Special Court, Kottayam, including S.C.Nos.267/2000 and 268/2000. When petitioner failed to appear on receipt of summons, learned Special Judge issued bailable warrant. This petition is filed under Section 482 of Code of Criminal Procedure to quash the order issuing bailable warrant contending that as petitioner is to be examined in several cases and if petitioner is to appear separately in each case, it would be difficult for the petitioner, both mentally and physically.

(2.) Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

(3.) There is substance in the submission of the learned counsel appearing for the petitioner that if the prosecutrix is compelled to appear in all the cases on different dates, it would be a punishment to the victim. That could be avoided if the evidence of the prosecutirx is recorded on the same day or on the succeeding days in all the cases, so that, the agony of giving evidence could be shortened as far as possible. It will not cause any prejudice either to the prosecution or to the defence. Instead, it would only be in the interest of justice. Learned Public Prosecutor submitted that in eight cases, taken cognizance, the prosecutrix is to be examined.