Jurisdiction of local court upheld for offenses committed against a minor, despite actions occurring outside India.

ORDER

The accused in S.C.No.1279/2017 on the files of the Additional Sessions Court for the Trial of Cases Relating to Atrocities and Sexual Violence Towards Women and Children, Kozhikode, has filed this petition under Section 482 of the Code of Criminal Procedure , 1973(in short, ‘Cr.PC’) to quash the proceedings against him in the said case. The allegation against the petitioner is that he committed the offences under Sections 366A & 376 of the Indian Penal Code , 1860 (in short, ‘ IPC '), and Sections 5 (j)(ii)(l) & 6 of the Protection of Children from Sexual Offences Act , 2012 (in short, ‘POCSO Act’).

2. The prosecution case is summarised as follows:

On 22.10.2014, the petitioner enticed the victim, a minor girl aged 14 years, to leave her residence at Vezhipur, within the limits of Thamarassery Police Station, and managed to compel her to travel to Mysore from where the petitioner took her to Nepal and indulged in sexual relationship with her in a rented room resulting in that minor girl getting impregnated and delivering a female baby. Thus, the petitioner is alleged to have committed the aforesaid offences.

3. In the present petition, the petitioner would contend that he is totally innocent and that a false case has been foisted against him. It is further contended by the petitioner that none of the offences alleged against him are attracted in the facts and circumstances of the case.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

5. One of the main arguments advanced by the learned counsel for the petitioner to quash the proceedings against the petitioner is that the offence alleged against the petitioner had taken place in Nepal, and hence the Court at Kozhikode has no jurisdiction to proceed with the trial in the absence of the necessary sanction accorded by the Central Government under Section 188 Cr.PC. There is absolutely no basis for the above argument since the offence alleged against the petitioner commenced the moment when he managed to entice and compel the victim to leave her residence at Vezhipur in Thamarassery. It is true that the petitioner is alleged to have indulged in sexual relationship with that minor girl at Nepal. But, there is absolutely no bar for the Court having jurisdiction over the place of residence of the victim at Vezhipur to proceed with the trial in the case, since the offence alleged against the petitioner commenced at that place.

6. Another argument advanced by the learned counsel for the petitioner is that the offence under Section 366A IPC is not attracted in the facts and circumstances of the case since there is no allegation that the victim girl was taken to Nepal for forced or seduced illicit intercourse with another person. With regard to the above contention, it has to be stated that the allegations against the petitioner clearly constitute the offence under Section 366 . It is for the Trial Court to decide at the appropriate stage of the proceedings as to whether the petitioner has to be charged under Section 366 or any other analogous penal provisions in connection with the facts revealed from the final report and other relevant records. At any rate, the petitioner cannot be heard to say that the prosecution proceedings against him are liable to be terminated due to misquoting of any penal provision by the investigating agency.

7. The final report and the accompanying records relied on by the prosecution would clearly bring home the offences under Sections 366 & 376 IPC and also the relevant penal provisions of the POCSO Act in connection with the act of the petitioner enticing and taking away a minor girl from her residence at Thamarassery to Nepal, and indulging in sexual relationship with her, resulting in impregnation and delivery of a female baby. In the above circumstances, it is not possible for this Court to invoke its inherent powers under Section 482 Cr.PC to terminate the prosecution proceedings