IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE A. BADHARUDEEN, J
Sindhu S. – Appellant
Versus
State Of Kerala – Respondent
ORDER :
A. BADHARUDEEN, J.
Accused Nos.1 to 6 in S.C.No.575/2024 on the files of the Special Court for trial of offences under the Protection of Children from Sexual Offences Act, (for short ‘the PoCSO Act’ hereinafter), Kozhikode, have filed this Criminal Miscellaneous Case under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the following prayer:
To quash Annexure-F final report and the allied proceedings before the Hon’ble Additional District and Sessions Court Kozhikode in S.C.No.575/2024 before the Hon’ble Additional Sessions Court and Fast Track Court for PoCSO Offences, Kozhikode, in the interest of justice, equity and fairness.
2. Heard the learned senior counsel for the petitioners as well as the learned Special Government Pleader - cum - Special Public Prosecutor, in detail.
3. Prosecution case;
The prosecution alleges commission of offences punishable under Sections 120B, 465, 419, 109, 471 and 201 r/w Section 34 of the Indian Penal Code (for short, ‘the IPC’ hereinafter), Section 83(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'the JJ Act' hereinafter) as well as under Section 23(4) of the PoCSO Act, by the petitione
The court ruled that the media's intent to inform the public about drug abuse, while protecting the survivor's identity, did not constitute a violation of the PoCSO Act.
Disclosing a child's identity in media without proper authorization violates the POCSO Act, regardless of the underlying allegations being false.
Section 23 of the POCSO Act applies to any person making comments about a child without authentic information, not just media personnel.
The court upheld the applicability of POCSO Act offences while quashing charges under the JJ Act, affirming that the police could investigate without a Magistrate's order.
The court cannot quash proceedings under Section 482 CrPC based on allegations of defamation without the trial, as it does not determine the merits or conduct a mini-trial.
The court ruled that freedom of the press must prevail, and casual conversations aimed at public awareness about COVID cannot form the basis of criminal proceedings.
Intent to humiliate must be established for offences under the Atrocities Act; mere airing of content without direct involvement does not constitute an offence.
The court upheld the framing of charges against the petitioner for disclosing the identity of a minor victim, establishing a prima facie case based on evidence of involvement in the dissemination of ....
A sting operation conducted in good faith for public interest is exempt from prosecution for defamation if no malafides are present.
Directing an accused to give a voice sample during process of investigation for comparison, would not fall within vice of Article 20(3) as they are only materials for comparison in order to lend assu....
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