Point of Law: Section 114 of IPC reads as abettor present when offence is committed.

ORDER :

The petitioner is before this Court calling in question proceedings in Spl.C.C.No.5025/2019 registered for the offences punishable under Sections 363, 376, 114 and 34 of IPC and Sections 4, 5L, 6 and 17 of the Protection of Children From Sexual Offences Act, 2012, (hereinafter referred as "POCSO Act" for short).

2. Shorn off unnecessary details, facts in brief are as follows:

The petitioner is accused No.5. It is the case of the prosecution that a complaint is registered by the 2nd respondent, with whom 17 year old victim was residing, that on 25-10-2019 the victim had gone missing. Based upon the said complaint, on the score that the victim was below 18 years, a crime comes to be registered initially for offences punishable under Section 363 of the IPC. The narration in the complaint was that the victim had gone missing from 25.10.2019. The Police on registration of the crime traces the victim on 27-10-2019. The statement of the victim was then recorded on 28-10-2019 and the petitioner along with others comes to be arrested. The offences under Sections 376, 114 r/w 34 of the IPC along with Section 363 are added to Crime No.104 of 2019 along with Sections 4, 6 and 17 of the POCSO Act. The Police after investigation file a charge sheet against all the accused including the petitioner/accused No.5 and the case is now pending as Special Case No.5025 of 2019. Pursuant to the said proceedings, the petitioner is knocking at the doors of this court in the subject petition.

3. Heard learned counsel appearing for the petitioner and learned HCGP appearing for respondent No.1-State. Respondent No.2 served and unrepresented.

4. Learned counsel Sri B Lethif representing the petitioner would contend with vehemence that the petitioner had got nothing to do with the crime. The allegation in entirety is against accused Nos.1, 2, 3 and 4. The petitioner is dragged into the web of crime for the afore-quoted offence only on the score of the petitioner dropping the victim to her grandmother's place after all the incident was over, on the instruction of accused No.1. Till such time, accused No.5/petitioner was nowhere in the picture. He would submit that it would not make out any offence against what is alleged under Section 114 of IPC.

5. Learned counsel would submit, what at best can be alleged against the petitioner is abetment. It cannot be a case of abetment against the petitioner even as he springs into the picture only after the entire incident was over only to drop the victim to her grandmother's house.

6. Learned HCGP though would seek to refute the submission made by learned counsel for the petitioner, on verification of the records would submit that the statement rendered by the victim on 28.10.2019 does not, in specific, name the petitioner and statement recorded before the Magistrate under Section 164 of Cr.P.C. also does not divulge the name of the petitioner and therefore submit, appropriate orders be passed.

7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

8. The afore-narrated facts are not in dispute. What triggers registration of crime at the outset was the victim/CW-2 going missing on 25-10-2019. It is then the crime for offence punishable under Section 363 IPC comes to be registered in Crime No.104 of 2019. The Police investigate, trace the victim on 27-10-2019 and record her statement on 28-10-2019. The statement recorded under Section 161 of the Cr.P.C. insofar as it concerns the petitioner reads as follows:

After the aforesaid statement, a further statement of the victim was recorded on 12-11-2019. The further statement does not go beyond what is stated in the earlier statement by the victim. A perusal at the statement in its entirety would indicate that the narration in the statement is against accused 1 to 4. Insofar as it concerns the petitioner/accused No.5, the statement is as afore-extracted. After the said statement the victim ten