STATE OF KERALA Vs. ROOPESH

JUDGEMENT

(1.) The afore captioned criminal appeal has been filed by the State of Kerala, represented by the investigating agency concerned, under sec. 21(1) of the National Investigation Agency Act, 2008 (hereinafter referred to as 'NIA Act', for short) to challenge the impugned order dtd. 9/9/2020, rendered by the Sessions Court, Palakkad, on Criminal MP No.4387/2020 in Sessions Case, SC No.862/2016, whereby the respondent herein/accused has been discharged of the offences alleged against him, as per Sec. 20 & 38 of the Unlawful Activities (Prevention) Act (hereinafter referred to as 'UAP Act' for short) and Sec. 3 read with Sec. 25(1 B) of the Arms Act.

(2.) Heard Sri.K.A. Anas, learned Public Prosecutor, appearing for the appellant State of Kerala and Sri.K.S. Madhusoodhanan, learned counsel appearing for the sole respondent/accused.

(3.) The instant sessions case, in which the respondent herein has been arrayed as the sole accused, has arisen out of Crime No.99/2014 of Agali Police Station, Wayanad District. The gist of the allegations raised therein is that the accused and 10 others have committed the offences punishable under Secs.143, 147, 148 & 506(ii) read with Sec.149 of the IPC, Sec.3, Sec.25(1B)(a) of the Arms Act and Sec.20, 38 of the UAP Act. The allegation is that on 3/1/2014 at about 7.30 a.m., the accused and another person had confined the de-facto complainant, one Sri.Dhwararaj, blind folded him with a black elastic material, brought him near Cherunellipetti river side, where nine other persons, including two women, were found, and some of them were carrying guns and sought information about places and the Malleswaram temple. The allegation is that the respondent/accused herein and the other persons claimed themselves as members of a banned maoist organisation and that, they had threatened to kill the de-facto complainant, asking him not to disclose to anybody about the incident and thereafter, allowed him to leave the place and thus, he and 10 others have committed the abovesaid offences. The First Information Statement was, in fact, lodged only on 21/2/2014. The Investigating Agency completed the investigation and had submitted the final report/charge sheet, in the above crime, and the Sessions Court concerned, has taken cognizance of the case, which led to the institution of the instant Sessions Case, S.C. No.862/2016, on the file of the Sessions Court, Palakkad. It is common ground that in the final report/charge sheet filed, the respondent herein is arrayed as the sole accused and none of the other persons concerned have been implicated as accused.