Kerala High Court
Xxxxxx vs State Of Kerala on 25 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:71535
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 25 TH DAY OF SEPTEMBER 2024 / 3RD
ASWINA, 1946
WP(CRL.) NO. 1038 OF 2024
CRIME NO.769/2020 OF Vechoochira Police Station,
Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.243 OF
2020 OF SPECIAL COURT UNDER POCSO ACT, PATHANAMTHITTA
PETITIONER/S:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
C.D.JOHNY
C.C.ANOOP
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM., PIN - 695001
2 THE STATION HOUSE OFFICER
VECHOOCHIRA POLICE STATION, PATHANAMTHITTA
W.P.(Crl.) No.1038 of 2024
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-2-
DISTRICT, PIN - 686511
3 ASSISTANT COMMISSIONER
CBCID, DISTRICT CRIME BRANCH OFFICE,
PATHANAMTHITTA DISTRICT, PIN - 689645
OTHER PRESENT:
SMT. SREEJA V (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 25.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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-3-
JUDGMENT
Dated this the 25th day of September, 2024
Petitioner seeks for a direction to
constitute a special investigation team to
investigate into Crime No.769 of 2020 of
Vechoochira Police Station, Pathanamthitta. He
seeks for a further direction for the conduct of
an effective and meaningful investigation into
the said crime.
2. Petitioner is the accused in SC No.243 of
2020 of the Special Court for PoCSO offences,
Pathanamthitta. The said case arises out of Crime
No.769 of 2020 of Vechoochira Police Station.
The prosecution alleges that the petitioner had
committed aggravated penetrative sexual assault
on a minor child, aged 7 years, thereby
committing offences under Sections 6, 5(m) and
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5(n) of the Protection of Children from Sexual
Offences Act ('the PoCSO Act' for short), apart
from Section 376(2)(f) and 376(3) of the Indian
Penal Code, 1860.
3. Sri.Johny C.D, learned Counsel for the
petitioner contended that the entire prosecution
allegations stems from a matrimonial dispute
between the parents of the victim and that, he
has been falsely implicated as an accused because
he is related to the wife.
4. Learned Counsel for the petitioner also
submitted that the petitioner is even ready to
undergo a lie detector test to prove his bona
fides and therefore, the investigation having not
taken into reckoning any of these aspects, a re-
investigation is essential.
5. Smt.Sreeja V, learned Public Prosecutor,
on the other hand, contended that the allegations
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revealed from the prosecution records indicate
serious offences and that the investigation was
conducted with all earnestness and is complete in
all respects. It was further submitted that the
present attempt of the petitioner is only to
stultify the criminal proceedings.
6. I have considered the rival contentions.
I have also perused the final report produced by
the petitioner.
7. The contentions now advanced by the
petitioner are all matters which can be
considered at the time of trial.
8. It is in fact fairly submitted by the
learned Counsel that the trial has already
commenced. Therefore, there is no requirement for
any fresh investigation.
9. Apart from the above, in Vinay Tyagi v
Irshad Ali @ Deepak and Others [(2013) 5 SCC
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762], the Supreme Court has observed that the re-
investigation or fresh investigation can be
ordered only in exceptional and in rare cases
where the judicial conscience is pricked and the
court is convinced that the investigation was not
fair.
10. As mentioned earlier, this Court does
not find any reason to doubt the integrity of the
investigation. Further, since the trial has
already been started, it is not proper for this
Court to interfere with in exercise of the power
under Article 226 of the Constitution of India.
Accordingly, the writ petition is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Scl/
2024:KER:71535
APPENDIX OF WP(CRL.) 1038/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF FINAL REPORT IN CRIME
NO.769/2020 OF THE VECHOOCHIRA
POLICE STATION, PATHANAMTHITTA
DISTRICT
EXHIBIT P2 TRUE COPY OF THE FINAL REPORT IN
CRIME NO.4/2020 OF KUDIYANMALA
POLICE STATION
EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER BEFORE THE
DIRECTOR GENERAL OF POLICE, KERALA
Exhibit P4 TRUE COPY OF THE RECEIPT NO.
1702/CAMP/DPC/PTA/2020 DATED
5.10.2020 ISSUED BY THE DISTRICT
POLICE CHIEF, PATHANAMTHITTA
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED
13.08.2020 SUBMITTED BY THE WIFE OF
THE PETITIONER BEFORE THE SECRETARY
TO HOME DEPARTMENT
