Mathew Stephen vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2023

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Citation: sooperkanoon.com/1335451
Court: Kerala High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: Jan 31, 2023
Case Number: Crl.MC/848/2023

Parties & Advocates

Appellant / Petitioner

Mathew Stephen

Respondent

State of Kerala

Excerpt

.....of the victim in s.c.no.636/2020 on the file of the fast track special court, (pocso) punalur, which arose from crime no.3081/2019 of kottarakkara police station, kollam.2. the offences alleged against the accused arepunishable under section 354 of ipc and section 8 r/w section 7 and section 10 r/w section 9(e) of the pocso act. the case has been scheduled for trial. the petitioner filed an application seeking adjournment of the trial after march 2023 on the ground that the victim is studying in 12 th standard in sharjah indian school and she is unable to appear for the trial till march2023. the trial court rejected the application, essentially, on the ground that this court had directed expeditious disposal of the matter.3. as per order (annexure-2) dated 31.08.2022, in crl.m.c.no.5649/2022, a petition filed by the accused, this court had directed the special court to dispose of the matter within a period of six months from the date of receipt of a copy of the order.4. at the time of passing annexure-2 order, the inconvenience of the victim had not been brought to the notice of this court.5. admittedly, the victim is studying in 12th standard insharjah indian school. it is submitted that the victim is unable to appear for trial till 5th of april 2023 as the annual examination is scheduled from 15.02.2023 to 05.04.2023. therefore, the trial court is directed to adjourn the trial in s.c.no.636/2020 to a date after 15.04.2023.the crl.m.c. is allowed as above. sd/- k.babu judge vpk appendix of crl.mc 848/2023 petitioner annexures annexure1 true copy of the complaint filed by the petitioner in crime no.3081/2019 of kottarakara police station annexure2 true copy of the order dated 31st august 2022 in crl mc 5649/2022 before the honourable high court annexure3 true copy of the identity card of the victim annexure4 true copy of the visa of the victim annexure5 true copy of the time table of 12th board exam annexure6 true copy of the order dated 24th december,2022

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 CRL.MC NO. 848 OF 2023 SC.NO..636/2020 ON THE FILE OF THE FAST TRACK SPECIAL COURT (POSCO), PUNALUR KOLLAM DISTRICT IN CRIME NO.3081/2019 OF KOTTARAKARA POLICE STATION, KOLLAM DISTRICT PETITIONER: XXX XXX XXX BY ADVS. SRI.NAHAS H. SRI.DILEEP P.PILLAI RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM - 682031 THE INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT - 691532 BY ADV SRI.G.SUDHEER, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.BABU, J.
-------------------------------------- --------------------------------------- Dated this the 31st day of January, 2023

ORDER

The petitioner is the father of the victim in S.C.No.636/2020 on the file of the Fast Track Special Court, (POCSO) Punalur, which arose from Crime No.3081/2019 of Kottarakkara police station, Kollam.

2. The offences alleged against the accused are

punishable under Section 354 of IPC and Section 8 r/w Section 7 and Section 10 r/w Section 9(e) of the POCSO Act. The case has been scheduled for trial. The petitioner filed an application seeking adjournment of the trial after March 2023 on the ground that the victim is studying in 12 th standard in Sharjah Indian School and she is unable to appear for the trial till March

2023. The Trial Court rejected the application, essentially, on the ground that this Court had directed expeditious disposal of the matter.

3. As per order (Annexure-2) dated 31.08.2022, in Crl.M.C.No.5649/2022, a petition filed by the accused, this Court had directed the Special Court to dispose of the matter within a period of six months from the date of receipt of a copy of the order.

4. At the time of passing Annexure-2 order, the inconvenience of the victim had not been brought to the notice of this Court.

5. Admittedly, the victim is studying in 12th standard in

Sharjah Indian School. It is submitted that the victim is unable to appear for trial till 5th of April 2023 as the annual examination is scheduled from 15.02.2023 to 05.04.2023. Therefore, the Trial Court is directed to adjourn the trial in S.C.No.636/2020 to a date after 15.04.2023.

The Crl.M.C. is allowed as above. Sd/- K.BABU JUDGE VPK APPENDIX OF CRL.MC 848/2023 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER IN CRIME NO.3081/2019 OF KOTTARAKARA POLICE STATION Annexure2 TRUE COPY OF THE ORDER DATED 31ST AUGUST 2022 IN CRL MC 5649/2022 BEFORE THE HONOURABLE HIGH COURT Annexure3 TRUE COPY OF THE IDENTITY CARD OF THE VICTIM Annexure4 TRUE COPY OF THE VISA OF THE VICTIM Annexure5 TRUE COPY OF THE TIME TABLE OF 12TH BOARD EXAM Annexure6 TRUE COPY OF THE ORDER DATED 24TH DECEMBER,2022

Same Court & Year Kerala · 2023 Same Parties Mathew Stephen vs State of Kerala Same Judge Honourable Mr.Justice K. Babu