1 ITEM NO.102/1 COURT NO.8 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1439/2009
BOBY Appellant(s)

VERSUS
STATE OF KERALA Respondent(s)
Date : 12-01-2023 This appeal was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE B.R. GAVAI
HON’BLE MR. JUSTICE M.M. SUNDRESH
For Appellant(s) Mr. R. Basant, Sr. Adv.
Mr. Abdulla Naseeh V.T., Adv.
Meena K. Poulose, Adv.
Mr. Akshay, Adv.
Mr. Ashok Basoya, Adv.
Ms. Shruti Jose, Adv.
Mr. P. S. Sudheer, AOR
For Respondent(s) Mr. K.N. Balgopal, Sr. Adv.
Mr. Harshad V. Hameed, AOR
Mr. Dileep Poolakkot, Adv.
Ms. Ashly Harshad, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The appeal is allowed in terms of the signed reportable judgment. Pending application(s), if any, shall stand disposed of. The concluding paragraph of the judgment reads as under :
The judgment dated 18 th December 2004 passed by the trial Court, thereby convicting the appellant under Sections 395, 365, 364, 201,
2 380, 302 read with Section 34 of the IPC and the impugned judgment dated 25 th August 2008, passed by the High Court affirming the same are set aside. The appellant is acquitted of all the charges charged with. The bail bonds of the accused shall stand discharged.
(Geeta Ahuja) (Anju Kapoor)
Assistant Registrar-cum-PS Court Master
(signed reportable judgment containing the reasons is placed on the file)
# signed order dated 12.1.2023 along with ROP has already been uploaded and sent to the concerned Branch.
3 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1439 OF 2009
BOBY APPELLANT(S)
VERSUS
STATE OF KERALA RESPONDENT(S)
O R D E R
For the reasons to be recorded separately, the appeal is allowed. The judgment and order dated 18.12.2004 of the trial Court of conviction and sentence of the appellant punishable under Sections 395, 365, 364, 201, 380, 302 read with Section 34 of the Indian Penal Code and the judgment and order dated 25.08.2008 of the High Court affirming the same are set aside.
The appellant is acquitted of all the charges charged with. The bail bonds of the accused shall stand discharged.
Pending application(s), if any, shall stand disposed of. …………… J.
( B.R. GAVAI )
…………… J.
( M.M. SUNDRESH )
NEW DELHI
12 th JANUARY, 2023
4ITEM NO.102 COURT NO.8 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1439/2009
BOBY Appellant(s)
VERSUS
STATE OF KERALA Respondent(s)
Date : 12-01-2023 This appeal was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE B.R. GAVAI
HON’BLE MR. JUSTICE M.M. SUNDRESH
For Appellant(s) Mr. R. Basant, Sr. Adv.
Mr. Abdulla Naseeh V.T., Adv.
Meena K. Poulose, Adv.
Mr. Akshay, Adv.
Mr. Ashok Basoya, Adv.
Ms. Shruti Jose, Adv.
Mr. P. S. Sudheer, AOR
For Respondent(s) Mr. K.N. Balgopal, Sr. Adv.
Mr. Harshad V. Hameed, AOR
Mr. Dileep Poolakkot, Adv.
Ms. Ashly Harshad, Adv.
UPON hearing the counsel the Court made the following
O R D E R
For the reasons to be recorded separately, the appeal is allowed. The judgment and order dated 18.12.2004 of the trial Court of conviction and sentence of the appellant punishable under Sections 395, 365, 364, 201, 380, 302 read with Section 34 of the Indian Penal Code and the judgment and order dated 25.08.2008 of the High Court affirming the same are set aside.The appellant is acquitted of all the charges 5 charged with. The bail bonds of the accused shall stand
discharged. Pending application(s), if any, shall stand disposed of.
(Geeta Ahuja) (Anju Kapoor)
Assistant Registrar-cum-PS Court Master
(Signed Order is placed on the file)