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Vipin Kumar @ Achu vs State Of Kerala on 16 March, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE MARY JOSEPH

MONDAY, THE 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941

Crl.MC.No.1314 OF 2016

CRIME NO.200/2016 OF Nemom Police Station, Thiruvananthapuram

PETITIONER/ACCUSED (RANK NOT KNOWN):

VIPIN KUMAR @ ACHU,
AGED 26 YEARS
S/O.VENU KUMAR, V.K. SADANAM, VENGANOOR TALUK,
THIRUVANANTHAPURAM DISTRICT

BY ADVS.
SRI.V.PHILIP MATHEW
SRI.JEPH JOSEPH

RESPONDENTS/STATE:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM

2 INSPECTOR OF POLICE
NEMOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT

*ADDITIONALDILEEP KUMAR
R3 S/O CHANDRASEKHARAN NAIR, RADHALAYAM HOUSE,
KAKAMOOLA, NEAR SASTHAAMKOVIL, KALLIYOOR,
THIRUVANANTHAPURAM DISTRICT, 695042

*IS IMPLEADED AS ADDITIONAL 3RD RESOIBDENT AS PER ORDER DATED
7/4/2016 IN CRL.APPEAL NO.3099/2016 IN CRL.M.C NO.1314/2016.

R1 BY ADV. SRI.K.G.GOPAKUMAR
R1 BY ADV. SRI.JOSEPH RONY JOSE
R1 BY ADV. SRI.E.A.JOSE
R1 BY ADV. SMT.JYOTHI ABRAHAM
R1 BY ADV. SMT.K.N.NAZEERA

SR PP SRI B.JAYASURYA

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
16.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1314/2016 2

ORDER

Dated this the 16th day of March 2020

This is an application filed under Section 482 of the Code of

Criminal Procedure, 1973 (for short ‘ Cr.P.C’) to quash Annexure-1

FIR. The offences allegedly involved in the case are those

punishable under Section 376(i) IPC and Section 3(a) r/w Section 4

of the Protection of Children from Sexual Offences Act, 2012 (for

short ‘POCSO Act’).

2. The facts of the case are that a girl named “Deepthi” was

found missing on 11.02.2016. A complaint was lodged by her father

before the Nemom Police Station. Based on the complaint, Crime

No.200/2016 was registered by Nemom Police under Section 57 of

the Kerala Police Act. The Police traced out the girl along with 5 of

her girl classmates from Mahila Mandiram, Poojapura,

Thiruvananthapuram. She had given a statement to the Police

wherein, it was stated that she was in love affair with her

schoolmate and when her parents came to know about the

relationship, she left her home alongwith her friends. After tracing
Crl.MC.No.1314/2016 3

out, herself and her friends were produced before the Judicial First

Class Magistrate Court (Temporary), Neyyattinkara. She has stated

to the Magistrate that since her love affair with one of her

classmates was informed to her parents, she was restrained from

attending the school. She was allowed to attend the examination

on 11.02.2016 and after the examination, they went to a bakery to

have ice cream. While being there, they were found by their

teachers, and when they reached school late, they were scolded by

the teachers and headmistress. The teachers told them that the

matter would be informed to their parents and therefore all of them

went to Mahila Mandiram to stay there to avoid further

consequences. It was also stated that they had never entered into

physical relationships with anyone. Thereafter, all of them were

taken to Government Hospital at Thycaud for medical examination

and it was disclosed that some of them had been sexually assaulted.

The girl named Deepthi when enquired by the Doctor disclosed

that her paternal sister’s son used to visit her house and insert his

finger in her vagina. In the medical examination held, the Doctor

has found and recorded in the medical certificate about the rupture

of hymen of the girl. However, the final opinion regarding sexual
Crl.MC.No.1314/2016 4

intercourse was reserved, subject to the result of chemical analysis.

Based on that the offences under Section 376 IPC and Section 3(a)

r/w Section 4 of POCSO Act were incorporated in the crime

already registered and investigation was proposed to be

commenced. The FIR registered as above is now sought to be

quashed by Sri.Vipin Kumar V. @ Achu, the accused in the case on

hand.

3. When the case is taken up for hearing this day,

attention of this Court was drawn by the learned counsel, to an

affidavit obtained from the father of the victim girl, and produced

alongwith the petition on hand, wherein her father, who is the

additional 3rd respondent has stated that he had approached the

Police to set the law in motion without fully understanding the true

facts of the case and lateron informed that his daughter, Deepthi

had not been sexually abused by the petitioner and the statement

originally made by her was false. It is also stated that the

petitioner is the son of his sister and he has no grievance against

him. It is further stated that himself and his daughter do not

intend to continue with the prosecution, since the matter was

amicably settled.

Crl.MC.No.1314/2016 5

4. It is pertinent to note that at the time when the alleged

offence was committed, though the girl was a minor, aged 15 years

and due to lapse of 4 years, as on this date, she has attained the

age of majority. But an affidavit stating that the issues have been

settled and she has no grievance against the petitioner is not

forthcoming. Though not directed by this Court, a statement

recorded from the girl named Deepthi was procured by the learned

Public Prosecutor and produced before the Court. It is found

stated by the girl named Deepthi before the police that the

petitioner being instrumental for informing about her love affair to

her parents and thereby caused her parents to restrain her from

attending the school, she has falsely alleged sexual assault against

him. It is also stated that the petitioner has never assaulted her

sexually and her earlier statement that he has done so is a false

statement given only to wreck vengeance to him.

5. The offences under Section 376 IPC and Section 3 and 4

of POCSO Act are allegedly involved in the case. Medical evidence

supportive of the allegations originally made by the girl named

Deepthi is also available in the case diary produced by the learned

Public Prosecutor. The offences being serious ones and involving
Crl.MC.No.1314/2016 6

much social relevance, are not liable to be settled amicably. It is

pertinent to note that the girl named Deepthi had given a statement

under Section 164 Cr.P.C, wherein she had stated affirmatively

about the sexual assault suffered by her from the hands of the

petitioner. To the medical examiner also she had categorically

stated about the sexual abuse meted out by her from the petitioner.

Therefore, the statement allegedly given by the girl before the

Police being strictly contradictory to her earlier version, can only be

taken as an involuntary one. The affidavit produced is that of the

father of the victim.

In view of the gravity involved in the offences, this Court is

reluctant to quash the proceedings in the case on hand.

In the result, Crl.M.C stands dismissed.

Sd/-

MARY JOSEPH

JUDGE
JJ
Crl.MC.No.1314/2016 7

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 COPY OF FIR NO.200/2016 IN CRIME NO.

200/16 OF NEMOM POLICE STATION

ANNEXURE 2 COPY OF REPORT FILED BY THE 2ND
RESPONDENT BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE (TEMPORARY) COURT,
NEYATTINKARA ALONG WITH REPORT OF
MEDICAL EXAMINATION AND STATEMENT OF
VICTIMS

ANNEXURE 3 ANNEXURE 3:COPY OF REPRESENTATION
DATED 26.02.2016 SUBMITTED BY PRIYA R
KURUP (VICTIM’S MOTHER) BEFORE THE
COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM

ANNEXURE 4 ANNEXURE 4:COPY OF REPRESENTATION
DATED 25.02.2016 SEND BY PETITIONER TO
THE COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM CITY
//TRUE COPY//

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