Judgment · High Court · 2024
Case at a glance
Outcome
Dismissed
With the above observation, this Criminal Original Petition is dismissed
Provisions considered
- Code of Criminal Procedure, 1973 ss. 161, 482
- Protection of Children from Sexual Offences Act, 2012 ss. 4(2), 5(j)(ii), 5(l), 5(m), 5(n), 5(q), 6
- Indian Penal Code, 1860 ss. 323, 376(3), 506(2)
Judgment
Crl.O.P.No.14205 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 01.07.2024CORAMTHE HONOURABLE DR.JUSTICE G.JAYACHANDRANCrl.O.P.No.14205 of 2024& Crl.M.P.No.8665 of 2024 Praveen... Petitioner/Sole Accused /versus/1. The Inspector of Police, All Women Police Station Perur, Coimbatore, Coimbatore District.2. Tashania Swizal.... Respondent/ComplainantPrayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records pertaining to the Spl.S.C.No.29 of 2022 on the file of the Principal Special Court for POCSO Cases, Coimbatore, Coimbatore District. For Petitioner: Mr.M.Mushtaq Ahamed For R1: Mr.K.M.D.Muhilan Government Advocate (Crl. Side)1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14205 of 2024
O R D E RThe petitioner herein is the sole accused and he is facing trial in Special S.C.No.29 of 2022 on the file of Principal Special Court for POCSO Cases, Coimbatore, for the offences under Section 5(l), 5(m), 5(n), 5(q), 5(j)(ii), 4(2), 6 of POCSO Act and Section 506(2), 376(3) and 323 of I.P.C. The allegation against the petitioner is that he had committed sexual assault against his own daughter. 2. The Learned Counsel appearing for the petitioner would submit that, due to misunderstanding between him and his wife, the minor daughter been used as a tool to give a false complaint. Further, the Learned Counsel for the petitioner submitted that the day on which the petitioner arrived from Muscat to India, the occurrence of sexual harassment was alleged. The victim girl, in the course of examination, denied her signature under Section 161 of Cr.P.C., a statement recorded by the Magistrate.
The victim girl was never subjected to medical examination and the person who alleged to accompany the girl to the doctor was also not examined. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14205 of 20243. Relying upon his travel document, the Learned Counsel for the petitioner submitted that the case against this petitioner has to be quashed since the prosecution has failed to make out a prima facie case against this petitioner and same has been well established by testimony of the victim girl.4. This Court, after giving anxious consideration to the submission and the testimony of witnesses relied by the Learned Counsel for the petitioner, it is a case where a serious allegation is made against the father by the daughter. No doubt, during the trial, the daughter had turned hostile and the prosecution has taken leave of this Court and treated her as a hostile witness and cross examine her.
Operative part
In case of this nature and considering the relationship between the victim and the perpetrator of the crime, a full-fledged trial is required to ascertain whether the charges framed against the petitioner been proved in the manner known to law. Appreciating evidence piecemeal before trial is not the duty of the High Court while exercising power under Section 482 of Cr.P.C. 5. The Learned Government Advocate (Crl. Side) for the 1st respondent states that the matter stands for examination of Investigating Officers and the case listed to 2nd July 2024. The grounds raised by the petitioner are factual matter which has to be tested by adducing evidence. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14205 of 2024 Therefore, without any observation regarding the merits of his submission, this Criminal Original Petition is dismissed with liberty to the petitioner herein to canvass all points on his defence before the trial Court. 6. With the above observation, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.01.07.2024Index : Yes/No.Neutral Citation: Yes/No.bsmCopy to:-
The Principal Special Court for POCSO Cases, Coimbatore,2. The Inspector of Police, All Women Police Station Perur, Coimbatore, Coimbatore District.
The Public Prosecutor, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14205 of 2024Dr.G.JAYACHANDRAN, J.bsmCrl.O.P.No.14205 of 2024& Crl.M.P.No.8665 of 202401.07.20245/5
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above observation, this Criminal Original Petition is dismissed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 161, 482; Protection of Children from Sexual Offences Act, 2012 — ss. 4(2), 5(j)(ii), 5(l), 5(m), 5(n), 5(q), 6; Indian Penal Code, 1860 — ss. 323, 376(3), 506(2).
Which court decided this case, and when?
Madras High Court, on 02 Jul 2024. The bench was G JAYACHANDRAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.