Dismissed

Suganthi v. State of Kerala

Kerala HC10 Jun 2024Crl.MC/738/2024

Case brief

AI extract

What is this about?

High Court of Kerala rejected a petition under Section 482 Cr.P.C. to quash criminal proceedings against the fourth accused, who is the victim's mother. The court held that available materials, including allegations of abetment and suppression of overt acts, justify a trial under the framed charges.

What did the court decide?

Petition to quash further proceedings against the petitioner under Section 482 Cr.P.C. dismissed; trial to proceed as per framed charges.

Suganthi 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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MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
CRL.MC NO. 738 OF 2024

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CRIME NO.360/2018 OF Walayar Police Station, Palakkad
 IN SC NO.441 OF 2023 OF FAST TRACK SPECIAL COURT, PALAKKAD

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PETITIONER/ACCUSED NO.4:

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XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
ANJU R S.
K C MOHAMED RASHID
BIJITHA B. BOSE
ABIN BENNY
SHAJIN SHA ISMAIL

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RESPONDENTS/STATE & COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2DEPUTY SUPERINTENDENT OF POLICE
CRIME BRANCH, PALAKKAD. OFFICE OF THE DY SP, DISTRICT
CRIME BRANCH, PUDUPALLI THERUVU, NURANI, PALAKKAD., PIN
- 678001
3STATION HOUSE OFFICER
WALAYAR POLICE STATION, WALAYAR, PALAKKAD ., PIN -
678620
4KRISHNA KUMAR
AGED 45 YEARS
S/O MANIKANDAN, KIZHAKKEMURI, KANJIKKODE, WALAYAR,
PALAKKAD, PIN - 678621
BY RENJITH GEORGE – SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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10.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No.738 of 2024

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ORDER

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Dated this the 10 th day of June, 2024

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This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure-D Final Report and Annexure-E Court Charge in Crime No.360 of 2018 of Valayar Police Station, Palakkad, now pending as S.C. No.441 of 2023 on the files of the Fast Track Special Court, Palakkad.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the documents forming part of the final report.

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The prosecution case is that the victim died on 03.04.2018, and crime under Section 174 of the Code of Criminal Procedure, 1973 was registered. Later investigation revealed that the 1^st accused committed offences punishable under Sections 323, 305 and 376(2) of IPC, Section 6 r/w Section 5(n)(l) of Protection of Children from Sexual Offences Act, 2012 and Section 75 of Juvenile

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Crl.M.C. No.738 of 2024

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Justice (Care and Protection of Children) Act, 2015, the 2^nd accused committed offences punishable under Sections 305 and 376(2) of IPC, Section 6 r/w Section 5(n)(l) of Protection of Children from Sexual Offences Act, 2012 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, the 3^rd accused committed offences punishable under Sections 305 of IPC and Section 12 r/w Section 11 of Protection of Children from Sexual Offences Act, 2012 and the 4^th accused committed offences punishable under Section 109 of IPC and Section 17 r/w Sections 16, 21(1) of Protection of Children from Sexual Offences Act, 2012 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015. Accordingly, on completion of investigation, final report was filed alleging commission of the above offences by accused Nos.1 to 4 as stated separately.

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Thereafter, the trial court considered the matter for the purpose of 227 Cr.P.C., and finally Annexure E court charge dated 11.09.2023 was also framed against accused

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Crl.M.C. No.738 of 2024

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Nos.1, 2 and 4, while discharging the 3^rd accused for want of materials to proceed against him.

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Learned counsel for the petitioner, who is the 4^th

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accused and the mother of the victim, zealously argued that the materials collected by the prosecution would not disclose the essential materials to hold that the 4^th accused committed offences punishable under Section 109 of IPC, Section 17 r/w Sections 16, 21(1) of Protection of Children from Sexual Offences Act, 2012 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015. He also pointed out that the 3^rd accused was discharged by the trial court, for want of materials against him.

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Whereas, learned Public Prosecutor highlighted the involvement of the mother of the victim and submitted that the knowledge of the mother in the overt acts at the instance of accused Nos.1 and 2, and suppression of the same as an abettor is well established in the facts of the given case, prima facie. He also argued that even offence under Section 75 of Juvenile Justice (Care and Protection of

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Crl.M.C. No.738 of 2024

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Children) Act, 2015 also is made out against the 4^th accused. Therefore, learned Special Judge rightly took cognizance of the above offences and framed charge as per Annexure E. In such a case, the matter shall go for trial, and quashment of Annexure E cannot be considered.

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On perusal of materials available, including Annexure D final report and Annexure E order, it appears that the victim, who was a minor, committed suicide and before that she was subjected to rape by accused Nos.1 and 2. The place of occurrence is stated as the house of the victim and the 4^th accused. The prosecution allegation against the 4^th accused is that she did not disclose the overt acts against the minor and also abetted commission of the crime.

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Further, the mother subjected the victim to cruelty, who was the one who had control over the victim. Even though learned counsel for the petitioner argued innocence of the 4^th accused, I do agree with the arguments of the learned Public Prosecutor, as stated above. Thus, this

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Crl.M.C. No.738 of 2024

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is not a fit case for quashment, and the materials available

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would justify trial as per Annexure E charge levelled against the petitioner.

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Therefore, this petition fails and the same is,

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accordingly, dismissed.

Sd/-

A. BADHARUDEEN

JUDGE

SSK/10/06

Crl.M.C. No.738 of 2024

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APPENDIX OF CRL.MC 738/2024

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PETITIONER ANNEXURES

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`Annexure A`	`The Certif`	`ied copy of the Information`
	`reduced i` `respondent`	`nto writing by the 3rd` `dated 03.04.2018`
`Annexure B`	`Certified`	`copy of the FIR No. 360/2018`
	`of Walaya` `03.04.2018`	`r Police Station dated`
`Annexure C`	`Certified` `Certificate` `Surgeon`	`Copy of the Post Mortem` `dated issued by Police`
`Annexure D`	`Certified` `dated 17.04` `the Walayar`	`Copy of the Final Report` `.2023 in FIR No. 306/2018 of` `Police Station, Palakkad`
`Annexure E`	`rue Copy of` `framed by t` `228 of Cr.P`	`the charge dated 11.09.2023` `he Court below under section` `.C`
`Annexure F`	`Certified`	`Copy of the statements of`
	`witness n` `respondent`	`o 1 recorded by the 3rd` `dated 28.07.2018`
`Annexure F(1)`	`Certified` `witness n` `respondent`	`Copy of the statements of` `o 1 recorded by the 2nd` `dated 31.07.2021`
`Annexure F(2)`	`Certified` `witness n` `respondent`	`Copy of the statements of` `o 1 recorded by the 2nd` `dated 15.09.2022`
`Annexure F(3)`	`Certified`	`Copy of the statements of`
	`witness n` `respondent`	`o 1 recorded by the 2nd` `dated 21.02.2023`
`Annexure G`	`Certified` `witness n` `respondent`	`Copy of the statements of` `o 2 recorded by the 3rd` `dated 6.04.2018`
`Annexure G(1)`	`Certified`	`Copy of the statements of`
	`witness n` `respondent`	`o 2 recorded by the 3rd` `dated 9.12.2019`
`Annexure G(2)`	`Certified`	`Copy of the statements of`
	`witness no` `respondent`	`2 recorded by the 3 rd` `dated 13.04.2021`
`Annexure G(3)`	`Certified`	`Copy of the statements of`
	`witness no` `respondent`	`2 recorded by the 3 rd` `dated 9.10.2021`

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Crl.M.C. No.738 of 2024

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`Annexure H`	`Certified Copy`	`of the statements of`
	`witness no. 3` `respondent dated`	`recorded by the 3 rd` `nil`
`Annexure H(1)`	`Certified Copy`	`of the statements of`
	`witness no. 3` `respondent dated`	`recorded by the 2nd` `22.07.2021`
`Annexure I`	`Certified Copy` `witness no. 4` `respondent dated`	`of the statements of` `recorded by the 2 nd` `8.10.2021`
`Annexure I(1)`	`Certified Copy`	`of the statements of`
	`witness no.4 r` `respondent dated`	`ecorded by the 2 nd` `09.02.2023`
`Annexure J`	`Certified Copy`	`of the statements of`
	`witness no. 6` `respondent dated`	`recorded by the 3rd` `03.04.2018`
`Annexure K`	`Certified Copy` `witness no.7 re` `Police Station d`	`of the statements of` `corded by SHO, Kasaba` `ated 05.04.2018`
`Annexure K(1)`	`Certified Copy` `witness no.7` `respondent dated`	`of the statements of` `recorded by 2 nd` `31.07.2021`
`Annexure K(2)`	`Certified Copy` `witness no.7` `respondent dated`	`of the statements of` `recorded by 2 nd` `15.09.2022`
`Annexure K(3)`	`Certified Copy` `witness no.7 rec` `dated 21.02.2023`	`of the statements of` `orded by 2nd respondent`

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RESPONDENTS’ ANNEXURES : NIL

Suganthi v. State of Kerala

Case brief

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Suganthi v. State of Kerala

Case brief

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