High CourtsSingle Bench

XXXXX vs State Of Kerala

High Court Of Kerala · Decided on 22 August 2022 · Citation: (2022) 08 KL CK 0178

HON’BLE JUDGES
Dr Kauser Edappagath, J
RESULT
Dismissed
CASE NUMBER
Transfer Petition (CRL.) No. 50 Of 2022
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Judgment

6 paragraphs · 230 words

Dr.Kauser Edappagath, J

1.

This transfer petition has been filed to transfer S.C.No.743/2019 on the file of the 1st Additional Sessions Court, Thrissur to the Sessions Court, Kottayam, by the mother of the victim.

2.

The victim is in the USA. The learned counsel for the petitioner submitted that the victim has come down from the USA to give evidence. The case is scheduled for the evidence of the victim on 24/8/2022. The transfer has been sought on the ground that the victim apprehends threat from the accused if the case is tried at Thrissur.

3.

I have called for a report from the investigating officer through the Senior Prosecutor Sri. P.G. Manu. The investigating officer submitted that so far, no complaint has been received alleging threat. However, considering the fact that the victim has come all the way from the USA to give evidence and that she apprehends threat from the accused, I am of the view that necessary police protection, if necessary, shall be given to her by the 2nd respondent who is the SHO.

Hence, this transfer petition is disposed of as follows:

The 2nd respondent shall ensure that there is no threat to the victim from the part of the accused when she appears at the court below to give evidence on 24/8/2022 or any other date. The prayer for transfer of the case is rejected.