The High Court of Kerala dismissed a transfer petition by the accused in POCSO and IPC cases, holding that threat from an unconnected third party is not a ground for transfer when the POCSO court was established for expeditious trial; the accused should approach the existing court or police for protection.
Transfer of TR.P(CRL.) No. 3 of 2023 dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
TR.P(CRL.) NO. 3 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
TR.P(CRL.) NO. 3 OF 2023
SC 303/2021 OF SPECIAL COURT UNDER POCSO ACT, ADOOR
PETITIONER:
AJI KUMAR, AGED 46 YEARS
S/O. LATE DAMODARAN,
AJI BHAVANAM,
MANTHUKA, KULANADA VIA.
PATHANAMTHITTA, PIN - 689645
BY ADV P.SIVARAJ
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI, PIN – 682031
BY SMT.T.V.NEEMA-SR.PUBLIC PROSECUTOR
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
TR.P(CRL.) NO. 3 OF 2023
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O R D E R
This transfer petition has been filed to transfer
S.C.No.303/2021 pending on the file of the POCSO Court, Adoor to
the Additional Sessions Court I, Pathanamthitta.
against him are punishable under Sections 7, 8, 11(1) and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 354 of IPC.
these circumstances, he cannot appear before the court at Adoor.
TR.P(CRL.) NO. 3 OF 2023
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trial of POCSO cases. Now the petitioner wants to transfer the case from the POCSO Court, Adoor to the Additional Sessions Court, Pathanamthitta. The so called Sivanandan has absolutely no connection with the victim involved in this case. Therefore, even if the apprehension of the petitioner is true, the case cannot be transferred. As rightly held by the learned Sessions Judge, Pathanamthitta in Annexure A order, if there is any threat to the life of the petitioner as apprehended by him, he can very well file a petition before the POCSO Court itself or to approach the police. It is not a ground for transferring the case. Accordingly, the Transfer Petition (Crl.) is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ab
TR.P(CRL.) NO. 3 OF 2023
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APPENDIX OF TR.P(CRL.) 3/2023
PETITIONER ANNEXURES
Annexure A |
TRUE COPY OF THE ORDER DATED 20.12.2022IN CRL. MISCELLANEOUS PETITIONNO.5513/2022 OF THE SESSIONS COURT,PATHANAMTHITTA. |
|---|---|
Annexure B |
TRUE COPY OF THE REGISTER CUM WOUNDCERTIFICATE. -DATED 23.05.1993 ISSUEDFROM THE GOVERNMENT HOSPITAL, CHENGANNUR. |
Annexure C |
TRUE COPY OF THE WOUND CERTIFICATE DATED11.04.1995 ISSUED TO THE PETITIONERS<br>MOTHER FROM THE HOSPITAL.` |
Annexure D |
THE JUDGMENT IN CC 878/2010 DATED29.07.2016 OF JUDICIAL FIRST CLASSMAGISTRATE COURT, THIRUVALLA. |
Annexure E |
TRUE COPY OF THE DISCHARGE CARD DATED20.10.2016 ISSUED FROM THE GOVERNMENTMEDICAL COLLEGE HOSPITAL, KOTTAYAM TO THEPETITIONER |
RESPONDENTS ANNEXURES: NIL
1 issue framed by the court
Whether apprehension of threat by a third party having no connection with the victim constitutes a ground for transferring a POCSO case from a POCSO court to another sessions court.
AJI KUMAR
STATE OF KERALA
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court