C.M.ABOOBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in S.C.No.735/2023 on the files of the Fast Track Special Court (POCSO Act), Kozhikode. The offences alleged against him are under Sec. 354A(1)(i) of the Indian Penal Code, 1860 (in short, 'IPC'), and Ss. 9 (e), 9(l) read with Sec. 10 of the Protection of Children from Sexual Offences Act, 2012, (in short, 'POCSO Act'). The allegation is that the petitioner, a pediatrician aged 80 years, committed the offence of aggravated sexual assault upon a girl studying in 10th standard. It is alleged that on 11/4/2023 and 17/4/2023, when the victim girl came to the dispensary of the petitioner for treatment of abdominal pain and chest pain, he put his hands inside her garments and resorted to sexual assault by pressing her breasts and also in naval portion. The offence is said to have been committed in the examination room of the petitioner. On 11/4/2023, the mother of the victim was said to be sitting by the side of the victim when the petitioner allegedly resorted to the aforesaid sexual assault. So also, on 17/4/2023, when the petitioner allegedly resorted to the sexual assault, the elder sister of the victim was said to be sitting by the side of her in that examination room. The case was registered by the Kozhikode Kasaba Police on 17/4/2023 on the basis of the statement given by the victim. After the completion of the investigation, the Sub Inspector of Police, Kasaba Police Station, Kozhikode, filed the final report before the Additional District and Sessions Court (For The Trial of Cases Relating to Atrocities and Sexual Violence towards Women and Children), Kozhikode.

(2.) In the present petition, the petitioner would contend that he is totally innocent, and that he has been falsely implicated in this case. According to the petitioner, what all done by him were perfectly within the parameters of clinical examination of the patient. It is further stated that the petitioner had examined the minor girl in the presence of the near relatives in both the occasions. According to the petitioner, he is a Doctor who started his practice in the year 1970, and he has been following clinical methods for examination which is the foundational stone for any medical practitioner. Thus, it is contended that the proceedings initiated against him would amount to abuse of process of law, and hence it is highly necessary to quash the same.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.