NOEL JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The 3rd accused in SC No.201 of 2023 on the file of Additional District and Sessions Court (for the trial of cases relating to Atrocities and Sexual violence against women and children), Ernakulam (hereinafter referred as Additional District Court, Ernakulam), has filed this Crl.M.C, invoking inherent jurisdiction of this Court under Sec. 482 of Cr.P.C., to quash Annexure-A1 final report in Crime No.1292 of 2011 of Vizhinjam Police Station, registered under Sec. 376 read with Sec. 34 of IPC, and the proceedings in SC No.201 of 2023, and also for a declaration that the Additional District Court has no jurisdiction to try that case.

(2.) The prosecution allegation is that, on 13/12/2011 at 8.15 a.m, CW2 the victim girl, left her house at Thiruvananthapuram and proceeded to Ernakulam, and while travelling in the bus, she got acquainted with the 1st accused, and under his instigation, she alighted at Palluruthy along with him, and from there, she was taken to various places at Ernakulam by the 1st accused and his friends (A2 to A4), and they sexually assaulted her and committed rape on her. Thereafter, she was abandoned at Ernakulam Railway Station.

(3.) The father of the victim lodged a man missing complaint before Vizhinjam Police Station on 14/12/2011 and Crime No.1292 of 2011 under Sec. 57(1)(a) of the Kerala Police Act was registered on its basis, and SI of Police, Vizhinjam started investigation in that crime. Meanwhile, the victim girl, who was found in Railway Station, Ernakulam, was taken custody by Police and she was kept in Women Police Station at Ernakulam. On getting information that the missing girl was kept in Women Police Station, Ernakulam, Vizhinjam Police proceeded to Ernakulam, and brought the victim girl to Vizhinjam Police Station and recorded her statement. Since her statement revealed sexual assault and rape against accused Nos 1 to 4, she was sent for medical examination, and the FIR, which was registered under Sec. 57(1)(a) of the Kerala Police Act was altered, incorporating Sec. 376 r/w Sec. 34 of IPC, and investigation was continued. On completing investigation, final report was filed before Judicial First Class Magistrate Court-II, Neyyattinkara. That case was committed for trial to POCSO Court, Thiruvananthapuram, and it was made over to the Special Court, Neyyattinkara, for trial.