ANEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner seeks joint trial of three cases in these two petitions filed under Sec. 482 of the Code of Criminal Procedure,1973 (for short 'Cr.P.C'). Though the prayer is only for joint trial, a question arises whether the trial of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be directed to be conducted before the Special Court constituted under the Protection of Children from Sexual Offences (POCSO) Act, 2012. Since one of the three cases claimed to be tried jointly is common to both these petitions, they are disposed of by this common order.

(2.) Crl.M.C No.4528 of 2024 seeks joint trial of S.C. No.1732/2023 pending before the Special Court for Trial of Offences under SC/ST (Prevention of Atrocities) Act, Nedumangad (hereafter referred to as 'SC/ST case'), and S.C. No.1435/2023 before the Fast Track Special Court, Kattakada, Thiruvananthapuram, (hereafter referred to as 'POCSO case'). Crl.M.C No.4535 of 2024 seeks a joint trial of the case pending as C.P. No.56/2023 before the Judicial First Class Magistrate Court, Kattakada, Thiruvananthapuram (hereafter referred to as 'IPC Case') along with POCSO case. Petitioner contends that the aforesaid three cases fall within the category of cross-cases and are hence required to be jointly tried or at least consecutively tried by the same court.

(3.) Petitioner is the defacto complainant in Crime No.32/2023 of Neyyardam Police Station - the IPC case, which is now pending, awaiting committal to the Sessions Court. Prosecution alleges that in the said crime on 15/1/2023, at around 9.30 pm, the accused had, due to a property dispute, formed themselves into an unlawful assembly and assaulted the defacto complainant with an iron hammer, causing a fracture of his left eye, thereby committing the offences under Ss. 143 147, 148, 294(b), 341, 323, 324, 326 and 307 r/w Sec. 149 of the Indian Penal Code, 1860. The said case is now under further investigation.