XXX vs State Of Kerala

A. Badharudeen, J

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash all further proceedings in Annexure A1 FIR and Annexure A2 Final Report in S.C.No.311/2020 on the files of the Ist Additional Sessions Court, (Special Court for POCSO), Kollam, arose out of Crime No.197/2019 of Kollam East Police Station, Kollam District.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the relevant records.

In this matter, the prosecution alleges commission of offences punishable under Sections 366, 370, 496 and 376(2)(n) of the IPC and Sections 4 r/w Section 3(a), 6 r/w Section 5(j)(ii), 5(l) and 12 r/w Section 11(iv) of Protection of Children from Sexual Offences Act (for short, ‘the POCSO Act’ hereinafter). The prosecution allegation is that, the accused herein fell in love with the de facto complainant and conducted a fake marriage and taken the de facto complainant to the house of the accused and committed sexual intercourse from 23.11.2018 to 28.1.2019. Thereafter, the de facto complainant became pregnant.

The learned counsel for the petitioner argued at length to substantiate this Court that the allegations in the prosecution would not make any offence, since the sexual intercourse is the outcome of consent. Accordingly, he prayed for quashment of the proceedings. It is submitted by the learned counsel for the petitioner that, now, the victim girl filed affidavit, conceding quashment.

The learned Public Prosecutor vehemently opposed quashment of the proceedings, based on the affidavit filed by the victim, consenting the serious offence of this nature.

In this case, a minor girl was subjected to sexual intercourse from 23.11.2018 to 28.1.2019, after conducting a fake marriage and thereafter, she became pregnant. In such a case, involving offences against a minor victim, the affidavit filed by the minor though now attained majority, is not a ground to quash the proceedings, since the punishment provided for the offences alleged to be committed by the accused would include imprisonment for life also.

In view of the matter, the quashment prayer stands disallowed and this Criminal Miscellaneous Case stands dismissed.

The trial court is directed to go for trial, since sufficient materials are available, prima facie, to see commission of the above offences.

Registry is directed to inform this matter to the trial court forthwith, for information and further steps.