Dismissed

Bindhu@Jalajakumari v. State of Kerala

Kerala HC22 May 2024Crl.MC/6159/2023

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous petition seeking quashment of a POCSO case and FIR. The Court held that available materials, including victim statements, warranted prosecution and the trial should proceed.

What did the court decide?

Petition for quashment dismissed; trial to proceed with available materials; personal appearance exemption to be considered separately.

Bindhu@Jalajakumari Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

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WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946

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CRL.MC NO. 6159 OF 2023

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CRIME NO.589/2019 OF POZHIYOOR POLICE STATION

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PENDING AS SC NO.1879 OF 2019 OF ADDITIONAL DISTRICT SESSIONS COURT

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(POCSO), THIRUVANANTHAPURAM

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PETITIONER/ACCUSED:

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XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX

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BY ADV AMJATH A.R

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RESPONDENTS/STATE & CW1 (VICTIM):

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1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX

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PP - M p prasanth

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No. 6159 of 2023

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ORDER

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Dated this the 22 nd day of May, 2024

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This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure-1 FIR and Annexure-2 Final Report in Crime No.589/2019 of Pozhiyoor Police Station, now pending as S.C. No.1879/2019 on the files of the Additional District and Sessions Court (POCSO), Thiruvananthapuram. The prosecution alleges offences punishable under Sections 4 read with 3, 6 read with 5(l) of the Protection of Children from Sexual Offences Act, 2012.

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The learned counsel for the petitioner argued at length to convince this Court that the cognizance and the Final Report are not based on materials available. When this Court is not inclined to allow the prayer for quashment, the learned counsel for the petitioner submitted that the personal appearance of the accused/petitioner may be dispensed with.

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Crl.M.C. No. 6159 of 2023

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The learned Public Prosecutor submits that there

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are materials in abundance, prima facie, to see commission of the above said offences by the petitioner. Therefore, dismissal of the discharge petition by the Sessions Court is fully justified and quashment prayed for cannot be granted.

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On perusal of the records including order in discharge petition produced as Annexure A3, it could be gathered that, even though, there was some delay in lodging the FIR, the statements of the victim would suggest sexual assault at the instance of the petitioner warranting prosecution for the above said offences. Therefore, this is not a fit case for quashment and the materials available are sufficient to proceed with trial.

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Accordingly, this petition stands dismissed. Since, the learned counsel for the petitioner sought for exemption from personal appearance of the petitioner, it is ordered that, if the petitioner files application to dispense with the personal appearance, when her presence is not required for the purpose of trial, that may

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Crl.M.C. No. 6159 of 2023

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be considered appropriately. This order shall not be a

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rider to insist the personal appearance of the accused for the purpose of framing charge, identification, 313 examination and the essential stages of the trail.

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Sd/-

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A. BADHARUDEEN JUDGE

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Crl.M.C. No. 6159 of 2023

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APPENDIX OF CRL.MC 6159/2023

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PETITIONER ANNEXURES :

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Annexure 1A TRUE COPY OF THE FIR AND FIS IN CRIME
NO.589/2019 OF POZHIYOOR POLICE STATION
Annexure 2A TRUE COPY OF THE FINAL REPORT IN
S.C.NO.1879/2019 ON THE FILES OF THE
ADDL.DISTRICT & SESSION COURT (POCSO)
THIRUVANANTHAPURAM DATED 08-11-2019
Annexure 3A TRUE COPY OF THE DISMISSAL ORDER IN
CMP NO.439/2022 IN SC NO.1879/2019 DATED
12-6-2023

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RESPONDENTS’ ANNEXURES : NIL

Bindhu@Jalajakumari v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bindhu@Jalajakumari v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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