ARAVIND KUMAR, PRASANNA B. VARALE
Beri Manoj – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
1. Heard.
2. Leave granted.
3. An FIR bearing No. 389/2022 came to be registered against three persons, namely, Shanthakumar, Devamma and Uday and on completion of investigation, the chargesheet came to be filed against five persons wherein the present appellant has been arraigned as an accused No.5 for the offence punishable under Sections 328, 376, 506 of the Indian Penal Code, 1860 (“IPC”) read with Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012. The chargesheet material would disclose that the main charge against the appellant is for criminal intimidation under Section 506 of the IPC which was based on a statement recorded under Section 164 of the Criminal Procedure Code, 1973 (“CrPC”) after eight days of the alleged incident.
4. It is the case of the prosecution that the prosecutrix in her statement recorded under Section 164 of the CrPC had alleged that the uncle of accused No.1 (the appellant herein) alongwith two aunts of accused No.1 threatened and forced her to falsely support the main accused, i.e., accused No.1 in the sexual assault case. Hence, contending that victim had developed her statement and there was no act perpetrated by the appell
Naresh Aneja Vs. State of U.P.
Sharif Ahmad Vs. State of U.P. (2024) 14 SCC 122 – Relied. [Para 6]
Criminal intimidation – Mere presence of a Lawyer in his capacity of discharging professional duty of either giving advice or suggestion cannot amount to intimidation.
The judgment emphasizes the requirement of grave suspicion for an accused to face trial and the need for specific details and evidence to support allegations.
The absence of credible threats undermines the charge of criminal intimidation under the IPC.
Allegations of intimidation must demonstrate a credible threat; mere words without intent or means lack sufficiency for criminal charges.
The judgment establishes that mere abusive language does not suffice to constitute an intentional insult under Section 504 IPC, and that the essential elements of criminal intimidation must be clearl....
Court's power under Section 482 CPC is limited to assessing the sufficiency of allegations without conducting a mini-trial.
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