LAWS(KER)-2005-8-30

MARY Vs. STATE OF KERALA

Decided On August 22, 2005
MARY Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This revision has come up before us upon a reference by a learned Single Judge (Sri. Sasidharan Nambiar, J.) who was of the opinion that there is an apparent conflict of views in the decisions reported in 1995 (2) KLT 873 -- State of Kerala v. Thomas & 1998 (2) KLJ 613 -- State of Kerala v. Manoharan and Ors. on the one hand and the decision reported in 2003 (3) KLT 100 = ILR 2003 (2) Ker. 480 Sivadasan v. State, on the other.

(2.) We heard Mr. Sojan, the learned Counsel for the petitioner, and Mr. Sujith Mathew Jose, the learned Public Prosecutor.

(3.) Before going into the facts of this case we would endeavour to see whether there is any conflict in the decisions referred to above and, if so, which of the decisions lays down the correct law.