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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, J.
Sreenivasan, S/o.Kunhikrishnan – Appellant
Versus
The State Of Kerala – Respondent
Crl.MC.No.3995 of 2020(H)
Decided on : 04-11-2020
Indian Penal Code-Secs.354A(v) ;; The Juvenile Justice (Care and Protection of Children) Act, 2015 - Sec.23;; The Protection of Children from Sexual Offences Act, 2012- Secs. 7 r/w 8- Both the original final report and the supplementary final report will have to be read conjointly and it is the cumulative effect of both these reports and the documents annexed thereto, that the Court shall take into consideration and apply its judicial mind.
Statement of facts:
The petitioner has been arrayed as the sole accused in the instant Crime No.30/2015 of Mannancherry Police Station, Alappuzha Police Station which has been initially registered for the offences punishable under Secs.354A(v) of the IPC, Sec.23 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Secs. 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012.
Finding of the court:
The petitioner has challenged the acceptance of Annexure-C final report/charge sheet and the said findings and observations made by this Court are only made from the limited perspective as to the correctness of the acceptance of the said supplementary final report by the sessions court concerned.
Result: Criminal Miscellaneous petition disposed of.
Based on the provided legal document, the following key points are relevant:
The court emphasizes that when a matter is pending trial, it is the responsibility of the petitioner to raise specific pleas through appropriate applications before the sessions court at the proper time. It is then for the sessions court to decide on those pleas (!) (!) .
The court clarifies that the main prayer for quashing the supplementary final report (Annexure-C) cannot be granted, but it considers the last paragraph of Annexure-C to be illegal and ultravires. Both the original final report and the supplementary report should be read together, considering their cumulative effect (!) .
The court acknowledges that the prosecution has the authority to conduct further investigation, especially when new material or evidence is discovered during the course of the case. The powers of the investigating agency to submit supplementary final reports are supported by legal principles that allow for such investigations to ensure a thorough inquiry (!) (!) .
It is highlighted that the court’s role is to scrutinize the reports and evidence collectively to determine whether there are grounds to presume the accused’s involvement in the offence. The court must apply its judicial mind to the combined reports and documents, rather than dismissing or accepting them in isolation (!) .
The court stresses that procedural laws are meant to promote justice, and any procedural lapses or errors, such as the inclusion or deletion of certain sections or offences, should be considered in light of whether they have caused prejudice to the accused. The court may permit alterations or additions to charges if justified, and such decisions are within the discretion of the trial court after hearing both parties (!) (!) .
The court notes that amendments or alterations to charges, including including offences under different sections of the law, can be made during trial, provided proper procedures are followed, and any such changes should not prejudice the accused’s right to a fair trial (!) (!) .
The court underscores that the final decision regarding the acceptance of supplementary reports, amendments to charges, or recalling witnesses is within the jurisdiction of the trial court. It advises that any such pleas or motions should be filed before the sessions court, which will consider them in accordance with law (!) (!) .
Overall, the court’s observations are limited to the legality of the process and the correctness of the sessions court’s acceptance of the supplementary final report. It refrains from making definitive judgments on the substantive merits of the case at this stage (!) .
In summary, the legal principles outlined in the document affirm the importance of procedural correctness, the court’s discretion in allowing amendments, and the authority of the prosecution to conduct further investigation, all within the framework of ensuring justice and fairness in the trial process.
ORDER :
The prayer in the aforecaptioned Crl.M.C. filed under Sec. 482 of the Cr.P.C. is as follows :
2. Heard Sri.S.Shanavas Khan, learned counsel appearing for the petitioner and Sri.S.Sajju, learned Public Prosecutor appearing for respondent-State of Kerala.
3. The petitioner herein has been arrayed as the sole accused in the instant Crime No.30/2015 of Mannancherry Police Station, Alappuzha Police Station which has been initially registered for the offences punishable under Secs.354A(v) of the IPC, Sec.23 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Secs. 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012. The police after investigation has filed the final report/charge sheet in this case which later led to the pendency of the sessions case SC No.728/2015 on the file of the 1st Addl.Sessions Court notified to deal with POCSO cases, Alappuzha.
4. The brief of the prosecution case is that the accused is a male aged more than 72 years with his criminal intention to quench his lust, had caught hold of the minor victim girl aged 11 years at 5.30 p.m. on 9.1.2015 on the road near the house of the accused, while she was walking along with her friend, who is also a minor girl. Later, on 11.1.2015 at about 1.30 p.m, the accused had clutched over her navel part of the victim, with sexual lust near the wash basin of the Sakthi Auditorium, Alappuzha while the victim was attending a wedding function along with her parents and thereby, the petitioner/accused had committed the abovesaid offences.
5. The sessions trial in this case has started before the 1st Addl.Sessions Court notified to deal with POCSO cases, Alappuzha and during the course of the trial, the evidence of CW1 and CW2 (minor victim girl) were recorded by the trial court. CW3 is stated to be a minor girl, who was the neighbour of the victim girl’s family and was with the victim girl at the time of the 1st incident and CW3 is the only occurrence witness in this case apart from the victim girl. Summons was issued to CW3 and the same was returned with an endorsement that the ‘addressee does not exist’. Thereupon, the special Public Prosecutor has sent a letter dated 23.1.2020 to the District Police Chief, Alappuzha (referred to in Annexure-A) requesting that further investigation is to be conducted so as to trace out the CW3, who is a vital witness inasmuch as she is the sole, independent, ocular witness apart from the victim girl and that further investigation may be necessary on certain other aspects as well.
6. Considering the said request made by the special Public Prosecutor, the District Police Chief, Alappuzha has issued Annexure-A proceedings dated 25.1.2020 ordering that further investigation in the abovesaid case be conducted by Dy.Superintendent of Police, Cherthala under Sec.173(8) Cr.P.C. with immediate effect and he was directed to take up further investigation of the case after obtaining leave from the court and to complete the further investigation expeditiously. In pursuance of Annexure-A order dated 25.1.2020, issued by the District Police Chief, the investigating officer concerned (Dy.Superintendent of Police, Cherthala) has submitted Annexure-B application dated 30.1.2020 before the sessions court concerned pointing out the aspects regarding the issuance of Annexure-A order by the District Police Chief for the conduct of further investigation and requesting that the further proceedings before the sessions court concerned be stopped to facilitate the further investigation. It appears that thereupon, the sessions court has stopped the conduct of the further trial in the matter so as to facilitate and await th
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