ASHNA SOFIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein was examined as PW 1 in SC No. 360/2014 before the Additional Sessions Court, (Marad Cases), Kozhikode. When she refused to sign in the deposition in spite of warning given from the Court, the learned Sessions Judge, initiated suo motu proceedings against her under S.180 of the Indian Penal Code. When she refused to sign even after the initiation of proceedings and warnings given from the Court, the learned Additional Sessions Judge punished her under S.180 IPC, on a summary procedure, and sentenced to undergo simple imprisonment for three months by order dated 18/08/2014 in MC No. 3/2014. The said order of sentence is under challenge in this revision.

(2.) On hearing the learned counsel, and on a perusal of the impugned order, I find that this revision cannot be maintained, and that the right and legal remedy available to the revision petitioner is appeal under S.351 of the Code of Criminal Procedure.

(3.) As regards the offence under S.180 IPC committed in a Court of law, the procedure for prosecution to be followed by the Court, is contained under S.345 of the Code of Criminal Procedure. The said Section provides that when any such offence as is described in S.175, S.178, S.179, S.180 or S.228 of the Indian Penal Code is committed in view, or in the presence of any Civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the Court on the same day, take cognizance of the offence, and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this Section, sentence the offender to fine not exceeding two hundred rupees, and in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.