it is open to an accused to withdraw his claim to be tried and plead guilty in the course of trial

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                     PRESENT:

                    THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

          WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937

                                      Crl.Rev.Pet.No. 859 of 2015 ()
                                            -------------------------------
            CRA 759/2011 of ADDITIONAL SESSIONS COURT (ADHOC), THRISSUR
                                 CC 1039/2003 of J.F.C.M. CHAVAKKAD


REVISION PETITIONER/APPELLANT/ACCUSED:
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         BENSON, C.NO.3405,
         (CENTRAL PRISON KANNUR)
         S/O.LONAPPAN, KOZHUKKULLIKARAN HOUSE
         ANTHIKAD DESOM, ANTHIKAD VILLAGE, THRISSUR


           BY ADVS.SRI.THOMAS ABRAHAM (STATE BRIEF)


RESPONDENT/RESSPONDENT/COMPLAINANT:
-------------------------------------------------------------

         STATE OF KERALA
         REPRESENTED BY GOV.PLEADER
         AND PUBLIC PROSEUTOR, HIGH COURT OF KERALA

          BY PUBLIC PROSECUTOR, SHRI.R.GITHESH

           THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
           ON 16-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:



                 B.SUDHEENDRA KUMAR, J.
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                       Crl.R.P. No.859 of 2015
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           Dated this the 16th day of September 2015

6. This Court in Santhosh v. State of Kerala (2003 (1) KLT 795) held that it is open to an accused to withdraw his claim to be tried and plead guilty in the course of trial as there is no prohibition in the Cr.P.C. in recording of the plea of the accused during the course of trial.

7. The Apex Court in State of Maharashtra v. Sukhdeo Singh And others (AIR 1992 SC 2100) held thus:

"The plain language of this provision shows that if the accused pleads guilty the Judge has to record the plea and thereafter decide whether or not to convict the accused. The plea of guilt tantamounts to an admission of all the facts constituting the offence. It is, therefore, essential that before accepting and acting on the plea the Judge must feel satisfied that the Crl.R.P.859/2015 accused admits facts or ingredients constituting the offence. The plea of the accused, must, therefore, be clear, unambiguous and unqualified and the Court must be satisfied that he has understood the nature of the allegations made against him and admits them. The Court must act with caution and circumspection before accepting and acting on the plea of guilt. Once these requirements are satisfied the law permits the Judge trying the case to record a conviction based on the plea of guilt. If, however, the accused does not plead guilty or the learned Judge does not act on his plea he must fix a date for the examination of the witnesses i.e, the trial of the case. There is nothing in this Chapter which prevents the accused from pleading guilty at any subsequent stage of the trial. But before the trial Judge accepts and acts on that plea he must administer the same caution unto himself.

Crl.R.P.859/2015 This plea of guilt may also be put forward by the accused in his statement recorded under Section 313 of the Code."

8. The present case is a warrant trial case by the Magistrate. The procedure for the trial of warrant cases by the Magistrate is outlined in Chapter XIX of the Code.

9. As per the procedure provided in that chapter, after the case is opened as required under Section 239 Cr.P.C., if, upon considering the police reports and documents sent with it under Section 173 Cr.P.C. and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall Crl.R.P.859/2015 discharge the accused, and record his reasons for so doing.

10. Section 240 Cr.P.C. deals with the framing of charge. Section 241 Cr.P.C. provides that if the accused pleads guilty, the Magistrate must record the plea and may, in his discrection, convict him thereon. There is nothing in this chapter which prevents the accused from pleading guilty at any subsequent stage of the trial. However, the plain language of this provision shows that if the accused pleads guilty, the Judge has to record the plea and thereafter decide, whether or not to convict the accused. The plea of guilt tantamounts to an admission of all facts. It is essential that before accepting and acting upon the plea, the Judge must feel satisfied that the accused admits the facts and ingredients constituting the offence. The plea Crl.R.P.859/2015 of the accused must therefore be clear, unambiguous and unqualified and the court must be satisfied that he has understood the nature of the allegations made against he has admitted them. The courts must act with caution and circumspection before accepting and acting on the plea of guilty. Once these requirements are satisfied, the law permits the Judge trying the case, to record the conviction based on the plea of guilty.