A. BADHARUDEEN
V. madhusoodhanan, s/o. K. kelu – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (`BNSS’ for short), seeking to quash Annexure AII final report and all further proceedings in C.C.No.1505 of 2023 on the files of Judicial Magistrate of First Class-II, Hosdurg.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the impugned order.
3. The prosecution case herein is that at 20.40 hours on 29.04.2023, the accused herein forcefully compelled the defacto complainant to drink beer and lie along with the accused, and spoke against her with sexual intent when the defacto complainant reached the central hall of the house of the accused for having food and thereby committed offences punishable under Sections 354A(1)(ii) and 354A(1) (iv) of the Indian Penal Code (`IPC' for short). The specific allegation is that the accused herein, who was a retired Deputy Superintendent of Police (Dy.S.P), brought the presence of the defacto complainant at his house for stay on 29.04.2023 through one Chandran with offer to provide the defacto complainant an opportunity to act in an Album. The defacto complainant reached the reside
Divya.S.S.Rose v. State of Kerala
Kahkashan Kausar Alias Sonam and others v. State of Bihar and others
The court ruled that prima facie allegations of sexual harassment were established, thus quashment of proceedings was not permissible.
Section 354A of the IPC does not apply to women, and specific allegations are required to sustain charges under Section 498A, emphasizing the need for detailed accusations rather than general claims.
The court quashed charges of voyeurism under Section 354C due to lack of privacy but allowed prosecution for insulting modesty under Section 509 of the IPC.
Quashment of criminal proceedings is not permissible if prima facie evidence exists to support allegations of sexual harassment and insulting modesty under relevant sections of IPC and KP Act.
The ICC report does not supersede police findings in criminal proceedings, especially when the victim's statement is absent, and the prosecution's case is prima facie established.
The court established that a promise of marriage coupled with sexual intercourse can constitute grounds for prosecution under sexual offence laws, necessitating a trial.
Allegations lacking sufficient evidence do not constitute offences under IPC, warranting quashing of proceedings.
The absence of sexual intent in the victim's statements negated the applicability of the alleged offences under the IPC and POCSO Act.
The court established that prima facie evidence of trafficking and sexual harassment justified the continuation of criminal proceedings under IPC Sections 354A and 370.
The court clarified the applicability of specific sections of IPC and POCSO Act based on the evidence of the case, distinguishing between the roles of the accused.
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