Held that contradictory statements by a minor victim do not mandate quashing of proceedings under Section 482 Cr.P.C. Veracity must be tested in trial, especially in serious cases involving minors. Petition dismissed.
Criminal Original Petition is dismissed and connected Miscellaneous Petition is closed.
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Crl.O.P No.8931 of 2021 & Crl.M.P No.5810 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2023
CORAM
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
Crl.O.P No.8931 of 2021
and
Crl.M.P No.5810 of 2021
N.Barathi
... Petitioner Vs.
... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records and quash the further proceedings in Spl.SC.No.12 of 2021 on the file of the Special Court POCSO Act, Salem.
For Petitioner : Mr.P.Muthamizh Selvakumar For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 *****
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O R D E R
Crl.O.P No.8931 of 2021 & Crl.M.P No.5810 of 2021
This Criminal Original Petition has been filed to call for the records in Spl.SC.No.12 of 2021 on the file of Special Court for POCSO cases, Salem and quash the same.
2006 and Section 6 of POCSO Act, 2012.
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Crl.O.P No.8931 of 2021 & Crl.M.P No.5810 of 2021
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Crl.O.P No.8931 of 2021 & Crl.M.P No.5810 of 2021
occurrence and she herself has stated about the sexual abuse caused to her, a
clear case against the petitioner is made out to frame charges under various provisions of law including Section 6 of POCSO Act. The defacto complainant, who is the mother of the victim has given a complaint on 16.07.2019 by stating that her daughter was missing and according to her, it is the petitioner, who had kidnapped her from the house. The petitioner is said to be residing near the defacto complainant's sister's house. During the course of investigation, the victim girl was secured and it came to be known that the petitioner had married the victim girl, despite knowing that she was a minor and subjected her to penetrative sexual assault on the alleged day of the illegal marriage.
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Crl.O.P No.8931 of 2021 & Crl.M.P No.5810 of 2021
Cr.P.C cannot be considered as a substantive evidence. However, it can be used for both corroboration and contradiction. But the statement given under Section 161 Cr.P.C can be used for contradiction alone. The evidentiary value of the statements given by the witnesses under Section 164 Cr.P.C or under Section 161 Cr.P.C cannot be the sole ground to quash the proceedings without even subjecting the petitioner to undergo trial. If the victim had given contradictory statement i.e., her statement before the Court and before the police is completely in contradiction to each other, then the accused can get the advantage of bringing out the said contradictions and claim that as a rebuttal piece from his side. Basing upon the contradictory statement alone, it cannot be concluded that one statement of the victim is completely true and other statement of the victim is a complete falsehood.
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statement cannot be the reason to quash the proceedings. In fact, the statement under Section 164 Cr.P.C was not produced before this Court in order to appreciate the grounds submitted by the learned counsel for the petitioner. But whatever may be the contention of the statement given under Section 164 Cr.P.C or under Section 161 Cr.P.C, the veracity has to be tested only during the trial.
01.02.2023
Index : Yes/No Speaking Order : Yes / No Neutral Citation : Yes/No
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kmi
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To
Mettur, Salem District.
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R.N.MANJULA, J
kmi
C rl.O.P No.8931 of 2021 & Crl.M.P No.5810 of 2021
01.02.2023
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3 issues framed by the court
Whether contradictory statements by a minor victim under Section 164 Cr.P.C and Section 161 Cr.P.C justify quashing criminal proceedings under Section 482 Cr.P.C.
Whether the offence of penetrative sexual assault on a minor requires trial rather than quashal when prosecution evidence shows contradiction but no conclusive rebuttal.
Whether the High Court should proceed to trial in a POCSO case where the accused argues that contradictory victim statements render the case weak.
4 provisions across 2 enactments
N.Barathi
The Inspector of Police, All Women Police Station, Mettur, Salem District.
Latha
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
