Back
A. BADHARUDEEN
Jacob, S/o. Johnson – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor, High Court of Kerala, Ernakulam – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash Annexure-B final report and all further proceedings against the petitioner in S.C.No.318/2021 on the files of the Additional Sessions Court for the trial of cases relating to Atrocities and Sexual Violence Against Women and Children, Thiruvananthapruam. The petitioner herein is the sole accused in the above case.
2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the relevant documents.
3. In this matter, the prosecution alleges commission of offences punishable under Sections 363, 354D and 201 of the Indian Penal Code (hereinafter referred to as ‘IPC’ for short) and under Section 11(iv) r/w 12 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘PoCSO Act’ for short).
4. In a nutshell, the allegation is that the accused procured the minor victim, aged 16 years, from the lawful custody of her guardian at about 11.30 am on 15.09.2020 and took her in his motorbike bearing registration No.KL 22N 5037 and thereafter dropped her
The court ruled that mere transportation of a minor without sexual intent does not constitute offences under IPC or PoCSO Act, allowing the quashment 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 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.
Jurisdiction of local court upheld for offenses committed against a minor, despite actions occurring outside India.
The court can quash proceedings under the PoCSO Act when the dispute is settled between parties and the allegations are deemed less serious.
If a minor voluntarily leaves the guardianship and joins someone without inducement or pressure, no offence under Section 363 IPC is made out if the girl is aged more than 17 years and is mature enou....
Serious offences under the POCSO Act cannot be quashed based on compromise or victim's affidavit, reaffirming the need for societal protection.
The court ruled that allegations of sexual harassment under the POCSO Act must be evaluated on evidence, even amidst claims of family rivalry, necessitating a trial.
The court established that for offences under the PoCSO Act, evidence of sexual intent in communications is essential to constitute a prima facie case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
