Remanded

Santhosh Kumar K.O v. State of Kerala

Kerala HC1 Dec 2022Crl.Rev.Pet/301/2022

Case brief

AI extract

What is this about?

In this criminal revision petition, the High Court set aside an impugned non-speaking order dismissing an application for discharge. The court remanded the matter to the Fast Track Special Court for fresh disposal after hearing both sides, as the lower court failed to address the petitioner's contentions under Section 227 of Cr.P.C in a POCSO case.

What did the court decide?

Impugned order set aside; discharge application (C.M.P.No.370/2021) remanded for fresh disposal after hearing both sides.

Santhosh Kumar K.O Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 1^ST DAY OF DECEMBER 2022/ 10TH AGRAHAYANA, 1944 CRL.REV.PET NO. 301 OF 2022

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AGAINST THE ORDER/JUDGMENT IN CMP NO.370/2021 IN SC NO.419/2020 OF THE COURT OF THE FAST TRACK SPECIAL JUDGE (PoCSO), THIRUVANANTHAPURAM

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PETITIONER/ PETITIONER/ ACCUSED:

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XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADVS. PIRAPPANCODE V.S.SUDHIR AKASH S. A.MEGHA GIRISH KUMAR M S V.S.VARALEKSHMI AMRITHAPRIYA.C

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RESPONDENT/RESPONDENT/ COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDING, ERNAKULAM, (THE ASSISTANT COMMISSIONER OF POLICE, NARCOTIC CELL, THIRUVANANTHAPURAM CITY), PIN - 682031 2 YYYYY (MOTHER OF VICTIM CHILD IMPLEADED AS PER ORDER DATED 15.07.2022 IN CRL.M.A 2/2022 IN CRL.RP 301/2022)

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BY ADV ARUN CHAND

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SRI C.N.PRABHAKARAN -SR PP

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Crl.R.P.No. 301 of 2022

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..2..

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O R D E R

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Dated this the 1^st day of December, 2022

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The order passed by the Fast Track Special Court, Thiruvananthapuram (for short, 'the court below'), dismissing an application for discharge filed by the petitioner/accused is under challenge in this Crl.R.P.

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The revision petitioner is the accused in S.C.No.419/2020. The 2^nd respondent is the defacto complainant/mother of the victim. The offence alleged are punishable under Sections 6 r/w 5(f)(k)(l)(m)(p), 10 r/w 9(f) (k)(l)(m)(p), 11(iii) r/w 12 of the Protection of Child from Sexual Offences Act, 2012, Sections 377, 506(ii) & 323 of Indian Penal Code and Section 75 of Juvenile Justice Act. The petitioner filed C.M.P.No.370/2021 (Annexure XXIV) before the court below seeking discharge invoking Section 227 of Cr.P.C. Annexure XXIV is the said petition. The court below after hearing both sides, dismissed the said petition as per the impugned order.

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I have heard Sri. Pirappancode V.S.Sudhir, the learned Counsel for the petitioner, Sri.Arun Chand, the learned

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..3..

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Crl.R.P.No. 301 of 2022

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Counsel for the 2^nd respondent as well as Sri.C.N.Prabhakaran, the learned Senior Public Prosecutor.

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Annexure XXIV which runs into 19 pages shows that, so many points were canvassed by the petitioner seeking discharge. However, the court below did not meet any of those points. The impugned order is not a speaking one. The court below simply stated that, the statement of the victim would prima facie show that the offence was committed by the accused and hence, there are sufficient grounds for presuming that the accused has committed offence. Accordingly, the discharge application was dismissed. Since, the court below did not consider any of the contentions of the petitioner seeking discharge, I am of the view that, the impugned order cannot be sustained. Accordingly, it is set aside. Annexure XXIV petition is remanded to the court below for fair disposal. The court below after hearing both sides, shall pass a fresh order.

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Crl.R.P. is disposed of as above.

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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APA

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Crl.R.P.No. 301 of 2022

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..4..

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APPENDIX OF CRL.REV.PET 301/2022

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PETITIONER'S ANNEXURES

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Annexure X	TRUE COPY OF THE PROCEEDING DATED
	13.08.2019 OF THE CHILD WELFARE COMMITTEE CONSTITUTING 3 PERSONS INCLUDING DHANALEKSHMI G.S., PRIYANKA PANCHAPAKESAN, BOTH ATTACHED TO THE ICCONS, ALONG WITH DR. INDU V. NAIR, IN ACCORDANCE WITH THEIR DECISIONS DATED 13.08.2019 AND 06.08.2019 TO CONSTITUTE AN EXPERT PANEL UNDER SECTION 29 OF JUVENILE JUSTICE ACT 2015 READ WITH 19(6) OF POCSO ACT, 2012 FOR ASSISTING THE POLICE IN RECORDING THE STATEMENT OF THE CHILD, WHO WAS ALLEGEDLY SEXUALLY ABUSED
Annexure XI	TRUE COPY OF THE REPORT FILED BY THE POLICE INSPECTOR, SREEKARYAM POLICE STATION
Annexure XII	TRUE COPY OF THE RECOVERY MAHAZAR DATED 05/09/2019 PREPARED WHILE SEIZING THE CLOTHES AND MOBILE PHONE OF THE PETITIONER
Annexure XIII	TRUE COPY OF THE EXAMINATION REPORT, PREPARED BY THE STATE FORENSIC SCIENCE LABORATORY AND FORWARDED TO THE COURT BELOW, WITH REFERENCE TO THE EXAMINATION OF SEMEN
Annexure XVII	TRUE COPY OF THE REPORT DATED 25.03.2020, DELETING THE 2ND RESPONDENT
Annexure XVIII	TRUE COPY OF THE CYBER FORENSIC ANALYSIS REPORT
Annexure XIX	TRUE COPY OF THE APPLICATION DATED 09/10/2019 SUBMITTED BY SMT. MINI P.S., THE WIFE OF THE PETITIONER TO THE PUBLIC INFORMATION OFFICER, GOVT. U.P.SCHOOL, CHERUVAICKAL, UNDER HEADMISTRESS
Annexure XX	TRUE COPY OF THE ATTENDANCE REGISTERS OF THE TEACHING STAFF, OF THE GOVERNMENT U.P.SCHOOL, FOR 2019 JUNE AND 2019 JULY
Annexure XXIII	TRUE COPY OF THE REPORT SUBMITTED IN THE MATHRUBHUMI DAILY DATED 27/08/2019
Annexure XXVI	TRUE COPY OF THE JUDGMENT DATED 07.05.2021 IN CRL.APPEAL NO.472/2021 OF THE HON'BLE SUPREME COURT

Santhosh Kumar K.O v. State of Kerala

Case brief

What is this about?

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Santhosh Kumar K.O v. State of Kerala

Case brief

What is this about?

What did the court decide?

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