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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Badharudeen,J
Joy P, S/o. Late Pappy – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. case dismissal and court procedures. (Para 1 , 2 , 14) |
| 2. allegations of sexual molestation under pocso. (Para 3 , 8 , 9 , 10) |
| 3. defendant's claim of misunderstanding and settlement. (Para 4 , 5 , 6) |
| 4. serious nature of offences cannot be settled. (Para 7 , 11 , 12) |
ORDER :
A. BADHARUDEEN, J.
The sole accused in S.C.No.787/2020 on the files of Special Court for the trial of offences under the Protection of Children from Sexual Offences Act (`POCSO Act’ for short), Ernakulam, has filed this Criminal Miscellaneous Case (`Crl.M.C’ for short) under Section 482 of the Code of Criminal Procedure seeking to quash Annexure A1 final report in the above case arising out of Crime No.611/2020 of Elamakkara Police Station, Ernakulam City.
2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor. Perused the records placed along with this Crl.M.C and the case diary produced by the learned Public Prosecutor.
3. The prosecution case is that the accused with intention to sexually assault the minor girl victim, aged 9 years, so as to satisfy his lust, at about 15.30 hours on 14.10.2020 placed his head on the breas
Serious offences under the POCSO Act cannot be compromised or settled; a prima facie case warrants a trial.
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 quashed based on victim's retraction, as they affect public interest and societal morals.
Serious offences under the POCSO Act cannot be settled; quashment based on settlement is impermissible due to public interest considerations.
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.
Quashing proceedings under POCSO Act is impermissible after evidence is recorded, especially in serious cases of sexual assault.
Allegations of sexual offences raised after significant delay post-marriage were found unsustainable, indicating potential misuse of the PoCSO Act.
Heinous offences, like those under IPC Section 376 and POCSO, cannot be quashed based on settlement, reflecting the law's stance on serious crimes.
The court established that while serious offences typically cannot be settled privately, the unique circumstances of marriage and children can justify quashing proceedings to protect family integrity....
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