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//