In a ruling, the Kerala High Court has issued tips to be adhered to in instances the place individuals accused of offences plead responsible and such instructions embrace, clarification of the cost by the trial courtroom and in addition that the ‘responsible plea’ must be voluntary and unambiguous.
Mere lip service or a monosyllabic ‘sure’, in reply to a pointed query by the courtroom, can not, underneath any circumstance, be equated with, or accepted as pleading of guilt by the accused, the courtroom held.
Setting apart the conviction of a person by a decrease courtroom (for obstructing a procession and assaulting sure volunteers) based mostly on him “pleading guilty,” a single bench of the courtroom laid down the norms.
Justice VG Arun within the tips mentioned the Justice of the Peace ought to body the cost, specifying the offences alleged in opposition to the accused.
The cost must be learn over and defined to the accused and requested whether or not she or he pleads responsible to the offence with which he or she is charged.
The accused ought to plead responsible after understanding the seriousness of the allegations and the implications of pleading responsible, the courtroom mentioned.
The plea must be voluntary and expressed in clear and unambiguous phrases and the Justice of the Peace ought to document the accused’s plea of responsible within the phrases of the accused to the extent potential.
“The magistrate, after considering all relevant factors, should exercise his discretion and decide whether to accept the plea of guilty or not. If the plea is accepted, the accused can be convicted and suitable punishment imposed”, it mentioned within the order delivered on Tuesday.
The petitioner, Raseen Babu KM challenged his conviction contending that the process adopted by the judicial Justice of the Peace was patently unlawful.
Setting apart Raseen Babu’s conviction, the High Court mentioned “…the petitioner having pleaded not guilty at the first instance, recording of the monosyllabic answer ‘yes’ in the questionnaire prepared at the stage of framing charge, cannot, under any circumstance, be termed as pleading of guilt by the petitioner…”
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