KOLAKKADAN NOUSHAD @ MON Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) This Crl.M.C.is preferred by the 6th accused in SC No.530/2009 of the Court of Session, Kozhikode alleging offences punishable under sections 366(A),372 and 376(g) of IPC.

(2.) According to the prosecution, a 13 year old girl laid a complaint on 3/9/2008 alleging sexual abuse on her. It was stated that, her father had abandoned her mother. Later, another person joined the company of mother offering to maintain the victim and the mother. Hence, she started living with the mother and the above step father. It is alleged that, during the above period, the victim was subjected to sexual abuse on several occasions by the step father under threat. While she was in the 8th standard, step father and mother took her to a distant place and handed over her to one person for money. He took her to Wayanad and committed rape on her. Thereafter, the step father and mother used to entrust her to several persons who abused her either at her house or after taking her to various distant places. She alleged that she was coerced to co-operate by the mother and step father, under threat to kill her. Unable to bear the trauma, she left her house and disclosed the entire incidents to her father. Complaint was thereafter laid by her. Crime was registered by the Mukkam police as Crime No.452/2008, arraying as accused,the mother, step father, petitioner herein and several other identified and other persons. Thereafter, investigation continued. Section 164 statement of the victim was recorded. Ultimately, split final report was laid against accused Nos. 1,2,3,6,7,8 & 9 which included the petitioner herein. Investigation against accused Nos.4,5 and 10 continued. Pursuant to the summons issued, the petitioner herein appeared before the Sessions Court. Charges were framed against accused on 15/10/2014 and read over, who denied the allegations. Later, the petitioner herein filed Annexure D as Crl.M.P.No.486/2016 to delete the charges laid against him and to hold that the charges framed against him were not in accordance with law. Annexure-E objection was filed by the State. Another application as Annexure-F was filed by the prosecution as CMP No.495/2016 to incorporate section 120B along with the charges. The petitioner herein filed Annexure G objection. The court below, after hearing both sides, dismissed Crl.M.P.Nos.486/2016 & 530/2009.

(3.) Aggrieved by the order in CMP No. 486/2016, a copy of which is produced as Annexure-H, the petitioner has approached this Court. Respondents 3 to 9 herein are the coaccused. Heard the learned counsel for the petitioner and the learned special prosecutor for cases of atrocities against women and children. Examined the records.