"Kerala High Court Rules Against Considering Accused's Material in Discharge Pleas"
*In the case of Stephin Raj v. State of Kerala* The Kerala High Court recently clarified that trial courts are not obligated to consider materials submitted by the accused when evaluating discharge pleas in criminal cases. Justice A. Badharudeen emphasized that the courts are mandated to examine only the case records and documents presented by the prosecution in such proceedings. The High Court, in its order, stated that while evaluating a plea for discharge, the Special Court (trial court in this context) is required to confine its consideration to the case records and documents submitted by the prosecution. The scope of discharge proceedings is strictly limited to prosecution materials, and the court is prohibited from considering any additional documents, whether submitted by the accused or obtained through other means, that are not part of the prosecution's records.
1/15/20251 min read
Case Overview:
In the case of K.B. Vishnu v. State of Kerala [Crl. Rev. Pet. No. 678 of 2023], the petitioner, named as the third accused, sought discharge from charges under Sections 143, 147, 148, 341, 324, 326, 308, and 149 of the Indian Penal Code. The petitioner contended that his inclusion was due to mistaken identity, supported by affidavits from the de facto complainants indicating no objection to his discharge.
Court analysis
Justice N. Nagaresh emphasized that during the consideration of a discharge application under Section 227 of the Code of Criminal Procedure (CrPC), the court's assessment is confined to the materials presented by the prosecution. The court is not permitted to evaluate documents submitted by the accused or any extraneous materials not forming part of the prosecution's records. This principle aligns with precedents set by the Supreme Court, which state that at the discharge stage, the court must proceed on the assumption that the prosecution's materials are true and determine whether these materials disclose a prima facie case against the accused.
Judgment :
The High Court upheld the trial court's decision to dismiss the discharge application, reiterating that the scope of consideration at the discharge stage is limited to the prosecution's materials. The court cannot conduct a mini-trial or assess the probative value of the evidence at this juncture. The petitioner's reliance on affidavits from the de facto complainants was deemed extraneous to the prosecution's records and, therefore, inadmissible for consideration in a discharge plea.