Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946 CRL.MC NO. 738 OF 2024 CRIME NO.360/2018 OF Walayar Police Station, Palakkad IN SC NO.441 OF 2023 OF FAST TRACK SPECIAL COURT, PALAKKAD PETITIONER/ACCUSED NO.4: 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 RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 DEPUTY SUPERINTENDENT OF POLICE CRIME BRANCH, PALAKKAD. OFFICE OF THE DY SP, DISTRICT CRIME BRANCH, PUDUPALLI THERUVU, NURANI, PALAKKAD., PIN - 678001 3 STATION HOUSE OFFICER WALAYAR POLICE STATION, WALAYAR, PALAKKAD ., PIN - 4 KRISHNA KUMAR AGED 45 YEARS S/O MANIKANDAN, KIZHAKKEMURI, KANJIKKODE, WALAYAR, PALAKKAD, PIN - 678621 BY RENJITH GEORGE - SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 10th day of June, 2024 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.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the documents forming part of the final report.
3. 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 1st 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 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 4th 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.
4. 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 Nos.1, 2 and 4, while discharging the 3 rd accused for want of materials to proceed against him.
5. Learned counsel for the petitioner, who is the 4 th
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 3rd accused was discharged by the trial court, for want of materials against him.
6. 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 Children) Act, 2015 also is made out against the 4th 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.
7. 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 4th accused. The prosecution allegation against the 4th accused is that she did not disclose the overt acts against the minor and also abetted commission of the crime.
8. 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 4th accused, I do agree with the arguments of the learned Public Prosecutor, as stated above. Thus, this is not a fit case for quashment, and the materials available would justify trial as per Annexure E charge levelled against the petitioner. Therefore, this petition fails and the same is, accordingly, dismissed. Sd/- A. BADHARUDEEN JUDGE SSK/10/06 APPENDIX OF CRL.MC 738/2024
PETITIONER ANNEXURES Annexure A The Certified copy of the Information reduced into writing by the 3rd respondent dated 03.04.2018 Annexure B Certified copy of the FIR No. 360/2018 of Walayar Police Station dated 03.04.2018 Annexure C Certified Copy of the Post Mortem Certificate dated issued by Police Surgeon Annexure D Certified Copy of the Final Report dated 17.04.2023 in FIR No. 306/2018 of the Walayar Police Station, Palakkad Annexure E rue Copy of the charge dated 11.09.2023 framed by the Court below under section 228 of Cr.P.C Annexure F Certified Copy of the statements of witness no 1 recorded by the 3rd respondent dated 28.07.2018 Annexure F(1) Certified Copy of the statements of witness no 1 recorded by the 2nd respondent dated 31.07.2021 Annexure F(2) Certified Copy of the statements of witness no 1 recorded by the 2nd respondent dated 15.09.2022 Annexure F(3) Certified Copy of the statements of witness no 1 recorded by the 2nd respondent dated 21.02.2023 Annexure G Certified Copy of the statements of witness no 2 recorded by the 3rd respondent dated 6.04.2018 Annexure G(1) Certified Copy of the statements of witness no 2 recorded by the 3rd respondent dated 9.12.2019 Annexure G(2) Certified Copy of the statements of witness no 2 recorded by the 3 rd respondent dated 13.04.2021 Annexure G(3) Certified Copy of the statements of witness no 2 recorded by the 3 rd respondent dated 9.10.2021
Annexure H Certified Copy of the statements of witness no. 3 recorded by the 3 rd respondent dated nil Annexure H(1) Certified Copy of the statements of witness no. 3 recorded by the 2nd respondent dated 22.07.2021 Annexure I Certified Copy of the statements of witness no. 4 recorded by the 2 nd respondent dated 8.10.2021 Annexure I(1) Certified Copy of the statements of witness no.4 recorded by the 2 nd respondent dated 09.02.2023 Annexure J Certified Copy of the statements of witness no. 6 recorded by the 3rd respondent dated 03.04.2018 Annexure K Certified Copy of the statements of witness no.7 recorded by SHO, Kasaba Police Station dated 05.04.2018 Annexure K(1) Certified Copy of the statements of witness no.7 recorded by 2 nd respondent dated 31.07.2021 Annexure K(2) Certified Copy of the statements of witness no.7 recorded by 2 nd respondent dated 15.09.2022 Annexure K(3) Certified Copy of the statements of witness no.7 recorded by 2nd respondent dated 21.02.2023
RESPONDENTS’ ANNEXURES : NIL