Court Cannot Consider Any Documents Beyond Prosecution Records While Considering Discharge Plea: Kerala High Court

The Kerala High Court held that a Court while considering a discharge plea cannot consider any documents beyond the prosecution record. Justice A. Badharudeen thus refused to accept the argument of the petitioner that the trial court did not consider one of the documents produced by him which is not part of the prosecution records while considering the discharge plea.“The scope and ambit of discharge shall not be available beyond prosecution records and the court cannot look into any document other than the prosecution records, either presented by the accused or by any other means which do not form part of the prosecution records, while considering the plea of discharge."The petitioner was booked under Sections 376(2)(n) and (f) (rape) of IPC for having intercourse with the complainant on false promise to marry. As per the complainant, the petitioner was close to the complainant and started to visit her at her home where she was alone as her mother was hospitalized. They had sexual intercourse after petitioner promised to marry the complaint. The petitioner asked the complainant to keep the incident a secret sometimes accompanied with threat of suicide. The petitioner also persuaded the complainant to send him her explicit photos which she complied with. Later, the complainant came to know that accused's marriage was fixed with another lady. She unsuccessfully attempted to contact the accused after hearing the news. After this the complainant attempted suicide. After counselling in the hospital, she filed the complaint against the petitioner.The petitioner filed a plea of discharge before the trial court saying that the prosecution materials do not constitute the offence alleged against him. He said that the sexual intercourse between him and the complainant was consensual in nature. He further said that the trial Court did not consider a document produced by him. The document is allegedly a complaint given by the complainant before the Yuvajana Commission. The petitioner said that in that complaint, the complainant had mentioned their relationship was consensual. The trial Court dismissed the petition saying that there were prima facie materials to proceed against the petitioner. Against this order, the petitioner approached the High Court.The Court also held that the Special Court was not obligated to consider the complaint to Yuvajana Commission as it was not part of the prosecution records. The Court said that while deciding a discharge petition, the Court cannot look into any documents produced by accused or anyone else if it does not form part of the prosecution records.Accordingly, the petition was dismissed.Counsel for the Petitioners: Advocates Dheeraj Krishnan Perot, Vineetha A. A., Fidha Navas, Lakshmy E.Counsel for the Respondents: Advocate T. S. Jibu (PP)Case No: Crl. Rev. Pet. 1120 of 2024Case Title: Stephin Raj v State of KeralaCitation: 2025 LiveLaw (Ker) 18Click Here To Read/ Download Order

Court Cannot Consider Any Documents Beyond Prosecution Records While Considering Discharge Plea: Kerala High Court

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Court Cannot Consider Any Documents Beyond Prosecution Records While Considering Discharge Plea: Kerala High Court

Manju Elsa Isac

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