SARI VINOD Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows:

(2.) Heard Sri.K.R.Vinod, learned counsel appearing for the petitioner and Sri.B.Jayasurya, learned Public Prosecutor appearing for the respondents.

(3.) According to the petitioner herein, her minor daughter, aged 14 years, is the victim in Ext.P-3 FIR in Crime No. 592/2020 of Ernakulam Town South Police Station, which has been registered on the basis of the first information statement given by the minor victim on 23.8.2020 at about 6.30 p.m. in respect of the alleged incidents which happened on 21.8.2020 at 1 p.m. The allegations therein are to the effect that the accused persons have used criminal force and assaulted the minor victim who has suffered abrasion, just above her breast and that the complaint was forwarded by child line authorities to the 4th respondent Sub Inspector of Police Ernakulam Town South Police Station, and the statement was given by the minor victim girl about the incident that happened. The petitioner would allege that the 4th respondent is being heavily influenced by the accused persons and that he has charged only minor offences as Sec. 341, 323, 294(b) read with Sec. 34, though according to the petitioner, there are ingredients to disclose offences under Sec. 7 of the POCSO Act, 2012 and under Sec. 354, 354A, 354B of the I.P.C . Further that the 4 th respondent Sub Inspector of Police and his immediate superiors are very much interested to save the accused persons in Ext.P-3 FIR, whereby the petitioner and her minor daughter (victim) have been compelled to settle with the accused persons. That the petitioner would thereupon state that she and her minor daughter lost faith in the investigation process in Ext.P-3 crime by the 4 th respondent Police officer, and that it is on this count, that she was constrained to approach this court for appropriate direction to handover the investigation of Ext.P-3 crime to a woman Police officer not below the rank of Superintendent of Police or Dy. Superintendent of Police.