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Xxxxxxx Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2024)

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Kerala HC
2024
Xxxxxxx Vs State of KeralaXxxxxxx v. State of Kerala

Disposed

Xxxxxxx v. State of Kerala

Kerala HC7 Jun 2024WP(Crl.)/302/2024

Case brief

AI extract

What is this about?

Father of a minor who died by suicide after alleged sexual exploitation sought transfer of further investigation to Crime Branch. The court declined a positive direction on investigative matters but directed the Deputy Superintendent of Police to conduct further investigation addressing the petitioner's grievances and correct the deceased's name in the final report, within three months.

What did the court decide?

Direction to 4th respondent to conduct further investigation considering petitioner's grievances in Ext.P5, including correction of the deceased's name, and conclude it within three months.

What the court decided

AI extract

Outcome

Direction to 4th respondent to conduct further investigation considering petitioner's grievances in Ext.P5, including correction of the deceased's name, and conclude it within three months.

Issue for consideration

Whether the Deputy Superintendent of Police could be directed to conduct further investigation in the POCSO/IPC case within a time frame. +1 more

Detailed headnote1 paragraphs

Writ petition under Article 226 seeking mandamus for handing over further investigation in a POCSO/IPC criminal case. The court held that positive directions on the manner of investigation are not warranted while investigation is underway, but directed the investigating officer (Deputy Superintendent of Police, C-Branch, Palakkad) to consider the petitioner's grievances, investigate specified aspects such as photographs and the accused's mobile phone, correct the deceased's name erroneously stated in the final report, and conclude further investigation within three months.

A compact analysis

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.

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

FRIDAY, THE 7^TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946 W.P.(CRL.) NO. 302 OF 2024

SC NO.565 OF 2023 OF FAST TRACK SPECIAL COURT, PALAKKAD (CRIME NO.137/2023 OF MANGALAM DAM POLICE STATION,

PALAKKAD)

PETITIONER:

XXXXXXX XXXXXXX BY ADVS. SALIM V.S. A.E.ALIYAR N.M.SIDHIC A.M.FOUSI A.B.AJIN

RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

2 STATE POLICE CHIEF, POLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN – 695010.

3 DISTRICT POLICE CHIEF, PALAKKAD, PIN – 678014.

4 DEPUTY POLICE SUPERINTENDENT, C-BRANCH, PALAKKAD, PIN – 678001.

5 STATION HOUSE OFFICER, MANGALAM DAM POLICE STATION, PALAKKAD, PIN – 678706.

BY SMT.PUSHPALATHA M.K, SR. PUBLIC PROSECUTOR

2

W.P.(Crl.) No.302 of 2024

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR FINAL HEARING ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

3

W.P.(Crl.) No.302 of 2024

P.G. AJITHKUMAR, J.

-----------------------------------------------------------

W.P.(Crl.) No.302 of 2024

----------------------------------------------------------Dated this the 7^th day of June, 2024

JUDGMENT

This Writ Petition is filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 2^nd respondent to handover further investigation in S.C.No.565 of 2023 pending before the Fast Track Special Court, Palakkad to the Deputy Superintendent of Police, Crime Branch, under the direct supervision of an officer not below the rank of the Inspector General of Police.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The daughter of the petitioner committed suicide at

the age of 15 years. A crime for unnatural death was registered. In the investigation, it was revealed that she committed suicide following sexual exploitation and the perpetrator was arraigned as the accused. After completing investigation, a final report was filed before the Special Court

4

W.P.(Crl.) No.302 of 2024

alleging offences punishable under Sections 363, 354A(1)(i), 376(2)(n), 376(3) and 305 of the Indian Penal Code, 1860 (IPC) and under Sections 4(2) r/w 3(a), 6(l) r/w 5(l), 8 r/w 7, 10 r/w 9(l) of the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act). The case initiated based on the said final report is pending before the Special Court, Palakkad as S.C.No.565 of 2023. The petitioner realised on a perusal of the copy of the final report that the investigating officer did not collect the evidence, which are essential and readily available. That apart, the name of the deceased was wrongly stated in the final report as well as at many parts in the documents appended to the final report. Therefore, he submitted Ext.P6 representation before the Chief Minister pointing out the discrepancies and deficiencies in the final report. Subsequently, a further investigation was ordered in the matter and the investigation was entrusted with the 4^th respondent-Deputy Superintendent of Police, Palakkad. Ext.P8 is a letter issued by the 4^th respondent to the petitioner intimating commencement of the further investigation.

5

W.P.(Crl.) No.302 of 2024

The learned counsel for the petitioner would submit that despite initiation of further investigation, nothing transpired; whereas, the trial of the case was about to be begun before the Special Court. It was in the said circumstances, the petitioner has approached this Court with this writ petition.

The learned Public Prosecutor would submit that further investigation in the matter is going on and effective steps are being taken for reaching a logical conclusion with reference to the grievances set forth by the petitioner. It is submitted that the motorcycle in question was already seized and the materials concerning the other aspects pointed out by the petitioner are being collected.

One of the grievances pointed out by the petitioner

is that name of the deceased was wrongly stated in the final report and the documents appended to it. On a perusal of Ext.P4, it is apparent that the final report was filed with such an error. That is liable to be corrected and the 4^th respondent has to take steps for necessary correction in the matter.

6

W.P.(Crl.) No.302 of 2024

In regard to other deficiencies in the final report and errors on the part of the investigating officer, a positive direction cannot be issued for, those are matters concerning the investigation, which is underway. However, it is necessary to alert the investigating officer to look into the grievances aired by the petitioner. Investigation as regards the photographs said to have been given by the petitioner to the investigating officer, the mobile phone of the accused, which allegedly was used to communicate with the deceased and containing objectionable data, so on and so forth, are ought to be investigated into by the 4^th respondent. I am not venturing to point out each and every aspect regarding which the petitioner has grievance. It is for the 4^th respondent to look into those matters and make sincere efforts to collect all necessary materials to establish the guilt, if any, on the part of the accused. Hence, I am of the view that this writ petition can be disposed of giving a direction to the 4^th respondent to conduct further investigation in an appropriate matter in the light of the observations made above within a time frame.

7

W.P.(Crl.) No.302 of 2024

Accordingly, this writ petition is disposed of directing the 4^th respondent to conduct further investigation

taking into account the grievances espoused by the petitioner in Ext.P5 and to conclude the investigation within a period of

three months from the date of receipt of a copy of this judgment.

Sd/-

P.G. AJITHKUMAR, JUDGE

dkr

8

W.P.(Crl.) No.302 of 2024

APPENDIX OF WP(CRL.) 302/2024

PETITIONER EXHIBITS Exhibit -P7 THE TRUE COPY OF THE ORDER NO. DI76299/2023/P DATED 30.09.2023 ISSUED BY THE 3RD RESPONDENT DISTRICT POLICE CHIEF PALAKKAD.

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the Deputy Superintendent of Police could be directed to conduct further investigation in the POCSO/IPC case within a time frame.
2.
Whether the wrongly stated name of the deceased in the final report should be corrected.

Statutes considered

3 provisions across 3 enactments

AI extract

Constitution of IndiaArticle 226
Indian Penal Code, 1860363, 354A(1)(i), 376(2)(n), 376(
Protection of Children from Sexual Offences Act, 20124(2) r/w 3(a), 6(l) r/w 5(l), 8

Parties & counsel

AI extract

petitioner
XXXXXXX XXXXXXX
respondent
State of Kerala, represented by the Secretary to Government, Home Department
respondent
State Police Chief, Police Headquarters, Thiruvananthapuram
respondent
District Police Chief, Palakkad
respondent
Deputy Police Superintendent, C-Branch, Palakkad
respondent
Station House Officer, Mangalam Dam Police Station, Palakkad

Coram

AI extract

P.G. Ajithkumar

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 7 Jun 2024 · June
Registered: 14 Mar 2024
Case no.: WP(Crl.)/302/2024
CNR: KLHC010920802024
Topic: Child Sexual Offences (POCSO)
Bench: P.g. Ajithkumar
Disposal: DISPOSED OF

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Cite this judgement

Xxxxxxx v. State of Kerala, WP(Crl.)/302/2024 (KL), decided on 7 June 2024.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Constitution of IndiaArticle 226
Indian Penal Code, 1860363, 354A(1)(i), 376(2)(n), 376(
Protection of Children from Sexual Offences Act, 20124(2) r/w 3(a), 6(l) r/w 5(l), 8

View all statutes

Bench / Coram

P.G. Ajithkumar

Parties & counsel