Kerala High Court
Reji vs The State Of Kerala on 8 November, 2024
2024:KER:83133
Crl.M.C.No.2607/2022-E 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
CRL.MC NO. 2607 OF 2022
CRIME NO.728/2015 OF Ramankary Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED 12.04.2022 IN SC NO.280 OF
2016 OF DISTRICT & SESSIONS COURT, ALAPPUZHA
PETITIONER/PETITIONER/ACCUSED:
REJI, AGED 44 YEARS
S/O MANIYAN KALLUPARAMBIL VEEDU KUNNAMKARY MURI, WARD
NO. 5, VELIYANADU PANCHAYAT ALAPPUZHA DISTRICT,
PIN - 689590.
BY ADVS.
S.SHANAVAS KHAN
S.INDU
RESPONDENT/RESPONDENT/COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF
KERALA ERNAKULAM – 682 031, PIN - 682031
2 VICTIM ANONYMITY
(ADDL.R2 IMPLEADED AS PER ORDER DT.14.06.2022 IN
CRL.M.A.2/2022 IN CRL.M.C.NO.2607/2022)
BY ADV S.Shanavas Khan
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.11.2024, THE COURT ON 08.11.2024 PASSED THE FOLLOWING:
A. BADHARUDEEN, J.
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Crl.M.C.No.2607 of 2022-E
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Dated the 8th day of November, 2024
ORDER
In this Criminal Miscellaneous Case filed under Section 482
of the Criminal Procedure Code (`Cr.P.C' for short) the sole accused
in S.C.No.280/2016 on the files of the Special Court for the trial of
offences relating to atrocities against Women and Children including
Protection of Children against Sexual Offences (`POCSO') Cases,
Alappuzha, impugns order in Crl.M.P.No.975/2022 dated
12.04.2022.
2. When this matter came up for admission on
19.04.2022, this Court stayed the proceedings in S.C.No.280/2016
till 18.05.2022 and thereafter stay has been extended periodically.
3. As on 16.10.2024, the learned Special Judge sent a
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letter to this Court as directed by the committee of this Court to monitor
and regulate the process of trials under the POCSO Act stating that this
case comes under the 5+ year old category and that all further proceedings
in this case have been stayed by this Court and is one among the pending
oldest cases before the Special Court.
4. Here the prosecution alleges commission of offences
punishable under Sections 342 and 376 of the Indian Penal Code (`IPC' for
short) and Sections 3(a) and 4 of Protection of Children from Sexual
Offences Act, 2012 (`POCSO Act' for short). The trial court completed
pre-trial steps and proceeded with trial and PW1 was examined. At the
time of examining PW1, the accused produced 5 letters and attempted to
confront the same with PW1 on the submission that those letters were
written by PW1. Among 5 letters, 2 of them were admitted by PW1 and
got marked as Exts.D2 and D3 and 3 letters were denied by PW1. At this
juncture, the accused filed the present application to send the above 3
letters, which were denied by PW1, for getting expert opinion under
Section 73 of the Indian Evidence Act.
5. Prosecution opposed the same contending that the
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intention was to delay the trial of the case and those letters were not
confronted with PW1. The learned Special Judge found that when
Exts.D2 and D3 were confronted with PW1, she admitted the same. But
the other 3 letters were not confronted with PW1 and without doing the
said exercise, the present petition was filed to send the same to Forensic
Science Laboratory to get expert opinion, is unwarranted. The learned
Special Judge also found that if letters sought to be forwarded to Forensic
Science Laboratory are written by PW1, then also the same did not show
as to whom it was addressed and the letters do not contain anything to
admit the defence version and accordingly the petition was dismissed.
6. While assailing Annexure-A2 order, the learned counsel
for the petitioner argued that getting expert report after sending 3 letters,
alleged to be written by PW1, is essential for the accused to prove his
innocence and to prove the consensual relationship.
7. Whereas the learned Public Prosecutor opposed the
prayer in the petition for the reasons urged by the learned Public
Prosecutor before the trial court.
8. In the instant case, trial started and during cross
2024:KER:83133
examination of the witness, who was examined as PW1, 5 letters were
produced and 2 of them confronted with PW1 and the same were admitted.
But 3 other letters were not confronted and no opportunity was given to
PW1 either to deny or accept the same. But strangely, the present
application was filed with prayer to send the same for expert opinion and
to get expert report to prove that those letters are also written by PW1.
9. On going through the facts of the case, a minor victim
was subjected to sexual molestation including aggravated form of
penetrative sexual assault and in such a case consent is of no relevance.
Therefore, even if the defence side proves that those letters are written by
PW1 herself and the same elicits element of consent, the same would not
have any bearing on the merits of the case. Therefore, as observed by the
learned Special Judge the present application was one filed only to delay
the trial in the case, starting from 19.04.2022.
10. In view of the above discussion, the order doesn't require
any interference at the hands of this Court. Accordingly, this Crl.M.C
stands dismissed, with direction to the trial court to expedite the trial and
finish the same within a period of three months from the date of receipt of
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a copy of this order.
11. Interim order granted shall stand vacated.
Registry shall forward a copy of this order to the jurisdictional
court for information and further steps forthwith through e-mail.
Sd/-
A. BADHARUDEEN, JUDGE
rtr/
2024:KER:83133
PETITIONER'S ANNEXURES
Annexure1 TRUE COPY OF CRL.M.P NO.975/2022 DATED NIL
FILED BY THE PETITIONER BEFORE THE SPECIAL
COURT FOR TRIAL OF OFFENCES RELATING TO
ATROCITIES AGAINST WOMEN AND CHILDREN
INCLUDING POCSO CASES (ADDITIONAL SESSIONS
COURT- I), ALAPPUZHA.
Annexure2 CERTIFIED COPY OF THE ORDER DATED 12/04/2022
IN CRL. M.P. NO. 975/2022 IN S.C. NO.
280/2016 OF THE SPECIAL COURT FOR TRIAL OF
OFFENCES RELATING TO ATROCITIES AGAINST WOMEN
AND CHILDREN INCLUDING POCSO CASES
(ADDITIONAL SESSIONS COURT- I), ALAPPUZHA.
