VISHNU Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein stands arrayed as the accused in Crime No.937/2014 of Punalur police Station for offences punishable under section 376 of the Indian Penal Code and section 3 (1) (xi) of Scheduled Caste and Scheduled tribe (Prevention of Atrocities) Act. He faced the trial, several witnesses were examined on the side of the prosecution and documents were marked.

(2.) The grievance of the petitioner herein is that though he sought time for examination of the witnesses on his side as defence evidence, they were not permitted to be examined and the court closed the evidence. It was contended that thereafter he filed an application for re-opening the defence evidence and to examine the witnesses mentioned in the witness schedule filed along with the application. This was dismissed by the court below, which has arisen in the present Crl.R.P.

(3.) The learned counsel for the petitioner vehemently contended that the court below did not give the sufficient opportunity to the accused to let in evidence. The learned counsel submitted in fact the earlier application was filed, to recall one witness, which was dismissed by the Sessions Court. It was carried in the revision in Crl.R.P.No.453/2018. It was dismissed by this court by order dated 10.04.2018. The matter came up before the court below on the next day. Since the learned counsel had not received the order of this court in Crl.R.P.No.453/2018, adjournment was sought. The court below declined to grant adjournment and closed the evidence. Thereupon the present application was filed which also was dismissed.