IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
CRL.MC NO. 4337 OF 2022
AGAINST THE ORDER/JUDGMENT IN SC 227/2021 OF SPECIAL
COURT UNDER POCSO ACT, MANJERI
CRIME NO. 362/2020 OF MANKADA POLICE STATION
PETITIONER/ACCUSED:
XXX
BY ADV K.RAKESH
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 THE STATION HOUSE OFFICER
MANKADA POLICE STATION,
MALAPPURAM DISTRICT
PIN - 673576
BY ADV PUBLIC PROSECUTOR
SMT T V NEEMA -SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4337 of 2022
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ORDER
Annexure F order dismissing an application filed under Section 311 of the Cr.P.C. is under challenge in this Crl.M.C.
2. The petitioner is the accused. He faces trial for the offences punishable under Sections 366, 377 of the IPC and Section 3(d) r/w 4, 5(f) r/w 6 of the POCSO Act.
3. After the examination of the entire prosecution witnesses, the prosecution filed a petition to issue summons to the Headteacher of Madrassa and also to produce documents pertaining to the appointment of the petitioner as teacher as well as admission records with regard to the details of the victim therein as a student and also to give evidence. The court below allowed the said petition as per the impugned order. The said order is under challenge in this Crl. M.C.
4. I have heard Sri. K. Rakesh, the learned counsel for the petitioner and Smt. T.V. Neema, the learned Senior Public Crl.M.C.No.4337 of 2022 ..3..
Prosecutor.
5. The prosecution allegation is that, the petitioner, who is a Madrassa teacher, sexually assaulted the victim, who is a student. The learned counsel for the petitioner submitted that the present petition has been filed after the examination of all the prosecution witnesses, and if it is allowed, it will cause prejudice to the petitioner. It is settled that Section 311 of the Cr.P.C. as well as Section 91 of the Cr.P.C. can be invoked at any stage of the proceedings, if it is necessary for just decision. Since, the case of the prosecution is that, the petitioner, while serving as a Madrassa teacher, sexually assaulted the victim, it is necessary to prove that the petitioner was employed as the Madrassa teacher in the Madrassa. It is for that purpose, the documents have been summoned.
6. The learned counsel for the petitioner submitted that there would not be any proper records in the Madrassas to show the appointment of teachers, the details of the students etc. and hence, it Crl.M.C.No.4337 of 2022 ..4..
is easy to manipulate the same. I am of the view that, the said apprehension of the petitioner can be alleviated by giving an opportunity to challenge those documents in accordance with law. The petitioner can also cross-examine the witnesses. In these circumstances, I see no merit to interfere with the impugned order. Accordingly, it is dismissed with the above observations.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE RMV/01/07/2022