Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 31ST DAY OF JULY 2013 9TH SRAVANA, 1935 Crl.MC.No. 2825 of 2013 () --------------------------- CP 25/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT - I, ETTUMANUR CRIME NO. 664/2011 OF GANDHINAGAR POLICE STATION, KOTTAYAM PETITIONER/ACCUSED: ------------------ AMRUTHAJITH, AGED 3 YEARS, S/O. LATE MRITHYUNJAYAM, PAKKALIL HOUSE WARD NO. 5, PUNNAPRA NORTH PANCHAYATH, ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENTS/COMPLAINANT AND DE FACTO COMPLAINANT: ------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. LEENAMOL, D/O. CHACKO, KUTTICKATTIL VEETIL, ARPOOKKARA P.O. ARPOOKKARA VILLAGE, KOTTAYAM - 686008 R1 BY PUBLIC PROSECUTOR SRI. ROY THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BP Crl.MC.No. 2825 of 2013 () APPENDIX PETITIONER'S ANNEXURES : ANNEXURE 1 COPY OF THE CHARGE-SHEET IN CRIME NO.664/2011 OF GANDHI NAGAR POLCIE STATION, KOTTAYAM. ANNEXURE 2 COPY OF THE COMPLAINT DT 6/7/2011 PREFERRED BY THE DE FACTO COMPLAINANT BEFORE THE SUPERINTENDENT OF POLICE, ALAPPUZHA ANNEXURE 3 COPY OF THE STATEMENT OF THE R2. RESPONDENT'S ANNEXURES : NIL. //TRUE COPY// P.A. TO JUDGE BP P. BHAVADASAN, J.
-Crl.M.C.-No.-2825-of-2013- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2013. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to quash the final report filed by the Gandhi Nagar Police, cognizance of which has been taken as C.P.25 of 2011 by the JFCM-I, Ettumannoor.
2. The petitioner is accused of having committed offence punishable under Section 376 of I.P.C.
3. The petitioner would say that even going by the allegations in the complaint which gave rise to the registration of the crime, initially there is no averment to the effect that she was forced to have sexual intercourse. A reading of the complaint would reveal that if there was any physical contact between the parties, it was a consensual one. Crl.M.C.2825/2013”
4. According to the petitioner, the lady had taken a fancy for him though he was not interested in her. It is further claimed that even if the entire allegations are taken as true, and the evidence now sought to be adduced as also true, conviction may not be possible since it is clear that the acts committed by the accused were with the consent of the victim.
5. Considering the nature of the allegations, this court is not inclined to quash the charge. Then the learned counsel appearing for the petitioner sought permission of this court to raise the plea for discharge before the appropriate forum and also to seek exemption from personal appearance. The request seems to be reasonable. Accordingly, this petition is disposed of reserving the liberty of the petitioner to move for Crl.M.C.2825/2013. 3 discharge as prayed for and if the petitioner moves an application for the same, the court below shall pass appropriate orders on the same. So also, the petitioner is granted liberty to seek exemption from personal appearance which the court concerned may consider sympathetically having regard to the circumstances of the case. P. BHAVADASAN, JUDGE sb.