A person cannot be held liable for abetment of an offence unless there is evidence that they aided or encouraged the commission of the offence.

Crl.O.P.(MD)No.17771 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

Crl.O.P(MD)No.17771 of 2021

and

Crl.M.P.(MD)Nos.9704 & 9705 of 2021

Mahalingam @ Customs Mahalingam ... Petitioner / Accused No.9

Vs

1.The State rep. by its,

The Inspector of Police,

Thuraiyur Police Station,

Trichy District.

(Crime No.1452 of 2020)

... 1st Respondent / Complainant

2.Ramaraj

... 2nd Respondents / Defacto complainant

PRAYER: Petition filed under Section 482 Code of Criminal Procedure,

to call for the records bearing in Spl.S.C.No.45 of 2021 on the file

of the District and Sessions Judge, Mahila Court, Tiruchirappalli

and quash the same as against the petitioner.

For Petitioner : Mr.M.Jegadeesh Pandian

For R1

: Mr.E.Antony Sahaya Prabahar

Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the

impugned proceedings as far as the petitioner is concerned.

2. The case of the prosecution is that the victim fell in

love with the first accused Manikandan @ Rajesh. The victim left

her house on 07.12.2020 and joined the first accused. She was taken

to another village and marriage was also performed on 08.12.20220

in the presence of the parents of the main accused as well as the

other persons. The main accused is said to have had physical

intimacy with the victim. The only allegation against the

petitioner is that subsequent thereto, he had given some cash to A1

and the victim and advised them to stay away as otherwise they will

be caught by the police. The victim's father is the defacto

complainant in Crime No.1452 of 2020 on the file of the Inspector of

Police, Thuraiyur Police Station. The case was investigated and

charge sheet was filed and cognizance of the offences under Sections

366(A) & 366 of IPC and Sections 9 & 10 of Prohibition of Child

1/3

https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.17771 of 2021

Marriage Act, 2006 and Sections 5(1), 6 & 17 of Protection of Child

from Sexual Offences Act, 2012 were taken. The case is presently

pending trial in Special S.C.No.45 of 2021 on the file of the

District and Sessions Judge, Mahila Court, Tiruchirappalli.

3. There are totally nine accused in this case. The

petitioner is figuring as the ninth accused. As against the

petitioner, the prosecution wants to fasten penal liability under

Section 17 r/w Section 6(1) of POCSO Act. Obviously, the petitioner

came into the picture only after perpetration and commission of the

main offences. Kidnapping of the victim, her marriage and

penetrative sexual assault on her had taken place well before

09.01.2021. The petitioner was nowhere in the scene till then.

Only thereafter, the petitioner is alleged to have given financial

assistance to A1 and the victim.

4. As rightly pointed out by the petitioner's counsel, the

particulars have not been furnished. Since the petitioner had

entered into the scene only subsequent to the commission of the

offence, he cannot be said to have abetted at all. The petitioner's

counsel relied on the decisions made in Crl.R.C.No.140 of 2016 and

Crl.O.P.No.18055 of 2020.

5. Adopting the approach set out in those two cases, since

there is absolutely no material available against the petitioner,

the continuation of the impugned prosecution against the petitioner

would be an abuse of legal process. The impugned proceedings stand

quashed as far as the petitioner is concerned. This Criminal

Original Petition is allowed. Consequently, connected miscellaneous

petitions are closed.

Sd/-

Assistant Registrar(T & P)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

rmi

Note:

In view of the present lock down owing to COVID-19

pandemic, a web copy of the order may be utilized for

official purposes, but