XXXXX vs State Of Kerala

A. Badharudeen, J

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner, to quash all further proceedings in S.C.No.72/2023 on the files of the Special Court under the PoCSO Act, Kozhikode, arose out of Crime No.757/2022 of Chevayoor police station, Kozhikode District. The petitioner herein is the accused in the above case.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the relevant records.

In this matter, the prosecution alleges commission of offences punishable under Sections 354A(1)(i) of the Indian Penal Code and Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act, 2012. The case of the prosecution is that, the accused herein subjected a minor victim to sexual assault, on a day during the month of May, 2022, at noon, by grasping on her breast.

The learned counsel for the petitioner submitted that the allegation of the prosecution is in the midst of doubts, since the victim did not state the actual date of occurrence. According to the learned counsel for the petitioner, there were disputes in between the parents of the victim and the petitioner and this case was foisted out of the said enmity. Now, the parents of the victim, who are respondent Nos.3 and 4 herein, filed affidavits supporting settlement and quashment of the proceedings. According to the learned counsel, since the prosecution case is the outcome of rivalry in between the petitioner and the parents of the victim and the matter now settled, the quashment sought for may be allowed.

The learned Public Prosecutor would submit that, in this matter, the allegation of sexual assault against a minor victim, aged 14 years, during 2022, is well made out from the statement of the victim. In such a case, merely acting on the affidavits filed by the parents of the victim in support of the settlement and quashment of the proceedings, quashment cannot be considered.

The prosecution case, as per the statement of the victim is that, on a day, during the month of May, 2022, the victim reached the house of her relative for a function and when she went to the house of the accused herein, who is a neighbour of the victim’s relative, to play with his children, the accused made an unpleasant look on her and on her breast and thereafter, he grasped her left breast, by using his hand, with sexual intent. She became shocked and returned back to her relative’s home.

Going by the prosecution allegations, offences alleged are made out, prima facie. In such a case, merely acting on the affidavits filed by the parents of the victim, this case could not be quashed, resisting prosecution from adducing evidence.

Therefore, this petition is liable to fail and the same is accordingly dismissed.