High CourtsSingle Bench

XXX vs State Of Kerala

High Court Of Kerala · Decided on 20 October 2022 · Citation: (2022) 10 KL CK 0177

HON’BLE JUDGES
Dr. Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 342, 376(2)(n), 376(3), 450 · Protection of Children from Sexual Offences Act, 2012 — Section 5(i)(p)
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petitions No. 7258 Of 2022
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

6 paragraphs · 200 words

Dr Kauser Edappagath, J

1.

The petitioner who is the accused in S.C.No.613/2021 on the file of the Special Court for trial of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has approached this Court seeking a direction to the 2nd respondent who is the Home Manager, Nirbhaya Shelter Home, to shift the victim to any other Juvenile home or to send the victim along with her mother.

2.

The petitioner faces trial for the offences punishable under Sections 376(2)(n), 376(3), 450, 342 of IPC, Section 6 read with Section 5(i)(p) of the Protection of Children from Sexual Offences Act.

3.

The victim is housed at Nirbhaya Shelter Home. The apprehension of the petitioner is that the 2nd respondent would tutor the victim to give false evidence against him. It is in this circumstance, the petitioner has approached this Court.

4.

I have heard Sri. Samsudin P., the learned counsel for the petitioner and Sri. P.G. Manu, the learned Senior Public Prosecutor.

The petitioner has no locus standi to decide where the victim has to reside. The apprehension of the petitioner is without any basis. The Crl.M.C is devoid of any merits. Accordingly, it is dismissed.