IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 2^ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943 CRL.MC NO. 3067 OF 2021 SC 91/2020 OF ADDL. SESSIONS (SPL.COURT FOR THE TRIAL OF CASES RELATIGN TO ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN & CILDREN) PERUMBAVOOR PETITIONER/ACCUSED:

XXXXX BY ADVS. GEO PAUL RADHIKA RAJASEKHARAN P.

C.R.PRAMOD S.ASHOK KUMAR.

JACOB GEORGE PALLATH NAVEEN T.U.

RESPONDENT/COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY THE INSPECTOR OF POLICE, PUTHENCRUZ POLICE STATION THORUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

2 *ADDL. R2 IMPLEADED XXXX NOW UNDER CARE AND CUSTODY OF CHILD WELFARE COMMITTEE,ERNAKULAM,EECHAMUKKU,PADAMUGAL, VAZHAKKALA,KAKKANADU,ERNAKULAM,PIN 682037 *IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED

26.8.2021 IN CRL.M.A NO.3/21 IN CRL.MC 3067/2021 SRI SANGEETHA RAJ-PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R Dated this the 2nd day of March, 2022 This Crl.M.C has been filed to quash all further proceedings in S.C.No.91/2020 on the files of the Additional Sessions (Special Court for the trial of cases relating to atrocities and sexual violence against women and children) Perumbavoor.

2. The petitioner is the accused. The offences alleged against him are under Sections 354A(1)(i) and Secton 7, 8, 9(m), 9(n) and 10 of the Protection of Children from Sexual offences Act (POCSO Act for short) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

3. The petitioner is none other than the father of the victim. The prosecution allegation is that, the petitioner on 9.6.2019, with sexual intention touched the private parts of the victim and thereby committed the offences.

4. The learned counsel for the petitioner Smt. Radhika Rajasekharan submitted that in the 164 statement given by the victim, no allegation of sexual assault has been given against the petitioner. The counsel further submitted that in the statement to the doctor also there is no such case. However, in the FIS and other statements recorded by the Police there are allegations. According to the learned counsel, those statements are recorded in violation of Section 20 of the POCSO Act and those statements cannot be relied on.

5. At any rate, in the FIS, the victim has clearly stated the sexual assault committed by the petitioner. In two other statement also the victim has alleged that the petitioner has sexually assaulted her. It is true that in 164 statement there is no such allegations. The crime was registered at the instance of the Child Line. The mother does not support the stand of the victim. Thus there is nothing on record to suggest why the victim raised such false story against the father. It is settled that the power under Section 482 to quash the proceedings can be exercised sparingly with circumspection. When prima facie case is made out, power under Section 482 of Cr.P.C cannot be invoked. In the three statements given by the victim there are allegations to attract the ingredients of the offences alleged against the petitioner. I see no reason to invoke Section 482 of Cr.P.C to quash the proceedings.

Accordingly, the Crl.M.C is dismissed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp True copy P.A. To Judge APPENDIX OF CRL.MC 3067/2021 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE CHARGE IN SC NO.91/2020 ON THE FILES OF ADDITIONAL SESSIONS COURT (SPECIAL COURT), PERUMBAVOOR.

Annexure A2 TRUE COPY OF 164 STATEMENT OF VICTIM.

Annexure A3 TRUE COPY OF THE MEDICAL REPORT OF THE VICTIM.