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X – Appellant
Versus
State Of Kerala Rep. By Public Prosecutor – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure.A1 Final Report in Crime No.759/2021 of Pulpally Police Station, Wayanad, now pending as S.C. No.17/2022 on the files of the Special Court for the trial of cases under the Protection of Children from Sexual Offences Act [hereinafter referred as 'POCSO Act' for short], Wayanad. The petitioner herein is the accused in the above case.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Also heard the learned counsel appearing for the defacto complainant. Perused the relevant materials available.
3. In this matter, the case of the prosecution is that, the victim aged 8 years, who was studying in the 3rd standard, while residing along with her parents and relatives at their residence, at about 08.00 pm on 06.12.2021, the accused herein, who has been residing in the nearby house, lifted his dhoti and showed his nakedness to the victim by standing on the courtyard of his house. The further allegation is that, the overt acts at the instance of the accused made the victim mentally shocked and she sat at
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.
Serious offences under the POCSO Act cannot be quashed based on settlements, as they affect public interest and the dignity of victims.
Serious offences under the POCSO Act cannot be quashed based on compromise or victim's affidavit, reaffirming the need for societal protection.
The court emphasized that quashing of a criminal FIR, especially in cases involving minors, should only occur when no prima facie case is established, maintaining the integrity of the trial process.
The court emphasized that for quashing charges, there must be a clear lack of prima facie evidence against the accused to prevent abuse of process, particularly under the POCSO Act.
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.
The court ruled that no prima facie case existed against the accused as the victim had attained majority and voluntarily left with him, leading to the quashment of proceedings under Section 482 Cr.P.....
Charges under POCSO can be framed without new allegations if based on existing evidence, emphasizing the seriousness of claims made against the accused.
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