STATE OF KERALA Vs. K M MARIAM

JUDGEMENT

(1.) CRL. R. P. NO. 3304 of 2007 is filed by the State challenging the discharge of accused Nos. 7 and 8 in S. C. No. 79/2007 on the file of the Sessions Court, Kottayam for an offence under Section 7 and punishable under Section 4 of the Kerala Prohibition of Ragging Act, 1998 ('the Ragging Act' for short ). Crl. R. P. Nos. 3800 of 2007 and 1052 of 2008 have been filed by accused Nos. 7 and 8 respectively challenging the order passed by the Sessions Court below refusing to discharge them for the offences under the Indian Penal Code.

(2.) THE case of the prosecution can be summarised as follows:-

(3.) THE charge sheet was filed by the Circle Inspector of Police, Kottayam East Police Station before the J. F. C. M, Ettumannor on 18. 1. 06. On 24. 1. 06, the learned Magistrate took cognizance of the offences and registered the case as C. P. No. 3/2006. During the committal stage, the 1st accused moved the Magistrate for a direction to the investigating Agency to subject the victim girl, Supimol as well as the 1st accused to Brain mapping, Polygraph and other scientific tests. The accused had also filed a petition before this Court seeking a direction to entrust the investigation with the Central Bureau of Investigation (CBI ). The committal Magistrate dismissed the application for scientific tests. Aggrieved by the said order, the accused filed Crl. R. P. No. 597/2006 before this Court. The request made before this Court for handing over the investigation to the CBI was turned down by this Court and was confirmed by the Supreme Court. In the meanwhile, as per order dated 2. 06. 06, this Court disposed of Crl. R. P. No. 597/2006 directing the investigating agency to subject all the accused persons in the case as well as the victim girl to brain mapping and Polygraph tests. The report of the expert was directed to be filed before the Magistrate who in-turn was directed to consider this report along with other records during the committal proceedings and pass appropriate orders. Aggrieved by the said order passed by this Court both the State Government as well as the father of the victim girl filed Special Leave Petitions ( Crl) Nos. 3609/2006 and 3356/2006 before the Hon'ble Supreme Court of India. After granting leave those S. L. Ps were numbered as Crl. Appeal Nos. 106 and 107/2007 respectively. Subsequently, as per common order dated 23. 1. 07, the Apex Court set aside the order passed by this Court and directed that the committal proceedings be expedited. During the course of the order the Apex Court observed as follows:-