SUBAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has invoked the powers of this Court under Section 482 of the Code of Criminal Procedure to quash proceedings in Crime No.427 of 2018 of the Nadakavu Police Station registered against him under Sections 9 (n) r/w Section 10 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The victim is the minor daughter of the petitioner, who, at the time of furnishing the statement, was in the plus 2 class. She alleges that the relationship between her mother and father was strained and they were residing separately. According to the victim, her mother was having an illicit relationship with another man. She states that her father is working overseas and in his absence, she has seen strangers in her mother's room. However, she states that she and her sisters are residing with her mother. In the month of July 2017, her father returned back from abroad. He used to reside in his Tarwad house when he is in India. One day in the month of September, 2017, the child is alleged to have gone to the house of her father for seeking his permission to attend an NSS camp. Her father was alone at home then. When she sought for his permission, the petitioner is alleged to have caught her from behind and held her close. However she managed to push him off and left the house. Stating these allegations, on 26.06.2018, i.e., almost an year after the incident, a statement was furnished and the subject crime was registered.

(3.) The learned counsel appearing for the petitioner would contend that the allegations are without basis. It is further submitted that the wife of the petitioner with whom the child is living, and who, even according to the child is having an immoral life, has somehow persuaded the child to level false accusations against the petitioner. It is further contended that even if the allegations are admitted as true, the offence under Section 9 of the Act will not be made out. The learned counsel would further urge that in the course of investigation, statement of the child was recorded under Section 164 of the Cr.P.C. In the said statement, the child has stated that she was taken into custody by the police while she was travelling with two boys and in order justify her act, she has levelled some allegations against her father.