Aji Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 17, 2023

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Citation: sooperkanoon.com/1330816
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Jan 17, 2023
Case Number: Tr.P(Crl.)/3/2023

Parties & Advocates

Appellant / Petitioner

Aji Kumar

Respondent

State of Kerala

Excerpt

.....file of the pocso court, adoor to the additional sessions court i, pathanamthitta.2. the petitioner is the accused. the offences alleged against him are punishable under sections 7, 8, 11(1) and 12 of the protection of children from sexual offences act, 2012 and section 354 of ipc.3. the transfer has been sought on the ground that there isthreat to the petitioner from one sivanandan, who is a native of adoor. it is alleged that on several occasions the petitioner and his mother were brutally attacked by the so called sivanandan. in these circumstances, he cannot appear before the court at adoor.4. i have heard sri.p.sivaraj, the learned counsel for the petitioner and smt.t.v.neema, the learned senior public prosecutor.5. the pocso court has been established for expeditioustr.p(crl.) no. 3 of 2023 3 trial of pocso cases. now the petitioner wants to transfer the case from the pocso court, adoor to the additional sessions court, pathanamthitta. the so called sivanandan has absolutely no connection with the victim involved in this case. therefore, even if the apprehension of the petitioner is true, the case cannot be transferred. as rightly held by the learned sessions judge, pathanamthitta in annexure a order, if there is any threat to the life of the petitioner as apprehended by him, he can very well file a petition before the pocso court itself or to approach the police. it is not a ground for transferring the case. accordingly, the transfer petition (crl.) is dismissed. sd/- dr. kauser edappagath judge ab tr.p(crl.) no. 3 of 2023 4 appendix of tr.p(crl.) 3/2023 petitioner annexures annexure a true copy of the order dated 20.12.2022 in crl. miscellaneous petition no.5513/2022 of the sessions court, pathanamthitta. annexure b true copy of the register cum wound certificate. -dated 23.05.1993 issued from the government hospital, chengannur. annexure c true copy of the wound certificate dated 11.04.1995 issued to the petitioner`s mother from the hospital. annexure d.....

Full Judgment

TR.P(CRL.) NO. 3 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944 TR.P(CRL.) NO. 3 OF 2023 SC 303/2021 OF SPECIAL COURT UNDER POCSO ACT, ADOOR PETITIONER: AJI KUMAR, AGED 46 YEARS S/O. LATE DAMODARAN, AJI BHAVANAM, MANTHUKA, KULANADA VIA. PATHANAMTHITTA, PIN - 689645 BY ADV P.SIVARAJ RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 BY SMT.T.V.NEEMA-SR.PUBLIC PROSECUTOR THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(CRL.) NO. 3 OF 2023 2

O R D E R

This transfer petition has been filed to transfer S.C.No.303/2021 pending on the file of the POCSO Court, Adoor to the Additional Sessions Court I, Pathanamthitta.

2. The petitioner is the accused. The offences alleged against him are punishable under Sections 7, 8, 11(1) and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 354 of IPC.

3. The transfer has been sought on the ground that there is

threat to the petitioner from one Sivanandan, who is a native of Adoor. It is alleged that on several occasions the petitioner and his mother were brutally attacked by the so called Sivanandan. In these circumstances, he cannot appear before the court at Adoor.

4. I have heard Sri.P.Sivaraj, the learned counsel for the petitioner and Smt.T.V.Neema, the learned Senior Public Prosecutor.

5. The POCSO court has been established for expeditious

TR.P(CRL.) NO. 3 OF 2023 3 trial of POCSO cases. Now the petitioner wants to transfer the case from the POCSO Court, Adoor to the Additional Sessions Court, Pathanamthitta. The so called Sivanandan has absolutely no connection with the victim involved in this case. Therefore, even if the apprehension of the petitioner is true, the case cannot be transferred. As rightly held by the learned Sessions Judge, Pathanamthitta in Annexure A order, if there is any threat to the life of the petitioner as apprehended by him, he can very well file a petition before the POCSO Court itself or to approach the police. It is not a ground for transferring the case. Accordingly, the Transfer Petition (Crl.) is dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE ab TR.P(CRL.) NO. 3 OF 2023 4 APPENDIX OF TR.P(CRL.) 3/2023 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE ORDER DATED 20.12.2022 IN CRL. MISCELLANEOUS PETITION NO.5513/2022 OF THE SESSIONS COURT, PATHANAMTHITTA. Annexure B TRUE COPY OF THE REGISTER CUM WOUND CERTIFICATE. -DATED 23.05.1993 ISSUED FROM THE GOVERNMENT HOSPITAL, CHENGANNUR. Annexure C TRUE COPY OF THE WOUND CERTIFICATE DATED 11.04.1995 ISSUED TO THE PETITIONER`S MOTHER FROM THE HOSPITAL. Annexure D THE JUDGMENT IN CC 878/2010 DATED 29.07.2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. Annexure E TRUE COPY OF THE DISCHARGE CARD DATED 20.10.2016 ISSUED FROM THE GOVERNMENT MEDICAL COLLEGE HOSPITAL, KOTTAYAM TO THE PETITIONER RESPONDENTS ANNEXURES: NIL

Same Court & Year Kerala · 2023 Same Parties Aji Kumar vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath