Acquittals in prior cases do not preclude prosecution in ongoing cases with independent evidence.

ORDER

Dated this the 6^th day of January, 2025 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure , to quash Annexure 2 Final Report and all further proceedings against the petitioners, who are accused Nos.1 to 3 in SC No.103/2020 on the files of the Additional Sessions Court, Thrissur, arose out of Crime No.310/2015 of Iringalakkuda Police Station, Thrissur.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail.

Perused the relevant documents.

3. In this matter, offences punishable under Sections 363 , 370(2)(4), 370A(1), 376, 376(2)(i) and 376D r/w Section 34 of the Indian Penal Code (hereinafter referred to as ‘ IPC ’ for short) and Section 4 r/w Section 3 (a), 6 r/w 5(g) and 17 r/w 16 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘PoCSO Act’ for short) are alleged to have been committed by the accused. The prosecution allegation is that, petitioners 1 and 2 enticed a minor girl, aged 13 years from the lawful custody of her guardian from her house at 3.00 pm on 01.03.2015 and took her in a car to a nearby place. Then the car was parked on the road side and the first accused committed penetrative sexual assault on her, while the second accused waited outside the car. He thereby allegedly abetted the commission of crime by the first accused. Thereafter, they dropped the girl at another place in the custody of the third accused and he took her to Perumbavoor. There, accused Nos.3 to 6 repeatedly committed penetrative sexual assault on the victim and thereafter they handed over her to the 7^th and 8^th accused. They took her to another place, where they had committed sexual assault on her.

4. The learned counsel for the petitioners sought quashment of the proceedings, mainly banking upon the acquittal of the petitioners in SC No.612/2016 and SC No.441/2017. On the facts of this matter, initially, Crime No.310/2015 was registered by the police under Section 5 7 of the Kerala Police Act (hereinafter referred to as ‘KP Act’ for short) on the basis of a complaint lodged by the father of the victim alleging missing of his daughter, who is the victim herein. The said complaint was lodged on 01.03.2015 and during investigation, the victim was traced out from a hotel in Bangalore on 05.03.2015. When her statement was recorded by the Police, she disclosed that several persons had committed penetrative sexual assault on her. On the basis of the said disclosure, FIR was altered, deleting Section 5 7 of the KP Act and adding Sections 366A and 376 r/w 34 of IPC and Section 5 r/w 6 of the PoCSO Act. Thereafter, Section 3 r/w 4 and Section 16 r/w 17 of the PoCSO Act were also added. During investigation, 26 persons were arrayed as accused. It is submitted further that after completing the investigation against petitioners 1 and 2, final report dated 30.05.2015 was submitted before the 1^st Additional Sessions Court, Thrissur and the same was numbered as SC No.612/2016. Thereafter, investigation against other accused continued and final report dated 29.03.2017 was submitted before the same court against the 3^rd petitioner herein and 5 other accused and the same was numbered as SC No.441/2017. Thereafter, the investigation against the remaining accused continued by the 3^rd respondent/Crime Branch, Thrissur. After completing the investigation, the 3^rd respondent submitted final report against the petitioners herein and other remaining accused, who were not charge sheeted, and finally, the case against all the accused was numbered as SC No.103/2020, arraying the petitioners herein as accused Nos.1 to 3, which has been pending before the 1^st Additional Sessions Court. The trial court took cognizance against the petitioners and the other accused and issued summons.

5. It is submitted by the learned counsel for the petitioners that the petitioners herein have been charge- sheeted twice for the very same offences. So, challenging th