IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J.
Deep S/o. Kannan – Appellant
Versus
The State Of Kerala – Respondent
ORDER :
1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the sole accused in S.C.No.1118/2022 on the files of the Special Court for the trial of cases under the Protection of Children from Sexual Offences Act (for short ‘the PoCSO Act’ hereinafter), Perumbavoor, arising out of Crime No.544/2022 of Thadiyattaparamba police station, Ernakulam, to quash Annexure A1 F.I.R, Annexure A2 Final Report and all further proceedings in Crime No.544/2022 of Thadiyattaparamba Police Station, Ernakulam.
2. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and also the learned Public Prosecutor, in detail. Perused the records inclusive of the affidavit filed by the de facto complainant supporting quashment.
3. In this case, the prosecution alleges commission of offences punishable under Sections 451, 354A(1)(i) and 354D(1)(ii) of the Indian Penal Code (for short, ‘the IPC’ hereinafter) as well as under Section 8 r/w Section 7 and Section 12 r/w Section 11(iv) of the PoCSO Act, by the accused.
4. Summary of the prosecution case is that, the accused, with intention to sexually exploit t
The court ruled that the allegations did not constitute sexual assault as defined under the PoCSO Act, emphasizing the lack of sexual intent in the accused's actions.
Serious offences under the POCSO Act cannot be compromised or settled; a prima facie case warrants a trial.
Allegations of sexual offences raised after significant delay post-marriage were found unsustainable, indicating potential misuse of the PoCSO Act.
Serious offences under the PoCSO Act cannot be quashed based on victim's retraction, as they affect public interest and societal morals.
The absence of sexual intent in the victim's statements negated the applicability of the alleged offences under the IPC and POCSO Act.
Serious offences under the POCSO Act cannot be quashed based on compromise or victim's affidavit, reaffirming the need for societal protection.
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.
(1) Sexual harassment of child – Settlement of POCSO offences, acting on affidavit filed by victim or their parents, is not legally permissible.(2) Mere sending of messages or having chats with a chi....
The court emphasized the potential misuse of the Protection of Children from Sexual Offences Act in custody disputes, ruling that allegations lacked prima facie evidence of sexual intent.
The court can quash proceedings under the PoCSO Act when the dispute is settled between parties and the allegations are deemed less serious.
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