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A. BADHARUDEEN
Ajith Prasad Edacherry, S/o. Yesumithran – Appellant
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Revision Petition has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dated 02.08.2024 in Crl.M.P. No.414/2024 in S.C. No.143/2017 on the files of the Special Court for the trial of offences under the Protection of Children from Sexual Offences Act [hereinafter referred as ‘POCSO Act’ for short], Kasaragod. The revision petitioner herein is the accused in the above case.
2. Heard the learned counsel for the revision petitioner as well as the learned Public Prosecutor, in detail. Perused the impugned order and relevant records from part of the case diary placed by the learned Public Prosecutor.
3. The prosecution allegation in this case is that, the accused, who is none other than the teacher of St.Paul’s A.U.P. School, Thrikkaripur, subjected the minor victim, studying in the 1st std., to sexual assault and when he disobeyed his command, he was beaten by the accused. The specific allegation as per the FIS and 164 statement as that of the victim is that, the accused, who is the teacher of the victim, brought the victim to the staff room and directed him to lay on his body. When the vict
The court confirmed that allegations of sexual assault against a minor teacher constitute a prima facie case under the POCSO Act, warranting trial.
Prima facie allegations under POCSO sufficient to deny discharge despite presence of third party.
A court is not required to discharge an accused under Section 227 Cr.P.C. if the First Information Statement contains prima facie allegations sufficient to frame charges, even if the subsequent state....
A Criminal Court has the discretion to frame charges based on evidence from prosecution records, regardless of the police final report.
The court affirmed that a grave suspicion suffices for framing charges, emphasizing the need for trial when prima facie evidence warrants it.
The court upheld the committal order based on prima facie evidence of aggravated sexual assault and corporal punishment under the POCSO Act and JJ Act.
Settlement between parties leads to quashing of proceedings under POCSO Act due to less seriousness of alleged offences.
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