LAWS(KER)-2018-7-937

SUJATHA Vs. STATE OF KERALA AND OTHERS

Decided On July 23, 2018
SUJATHA Appellant
V/S
STATE OF KERALA AND OTHERS Respondents

JUDGEMENT

(1.) Petitioner, who is the defacto complainant in Crime No.1884 of 2017 of Sasthamcotta Police Station in Kollam district for offences punishable under sections 451, 506(i), 354 of the Indian Penal Code and sections 7 and 8 of the Protection of Children from Sexual Offences Act 2012 and section 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (Amendment 2015) has moved this Court for a direction to the investigating agency to direct the second respondent to constitute a special team for investigation into the above crime or to entrust the investigation to a senior police officer of the Crime Branch. The grievance of the petitioner herein is that, the police is not effectively investigating the case.

(2.) The crux of the prosecution case is that, on 20.09.2017 at 11 a.m., accused trespassed into the house of the defacto complainant and caught hold of 16 year old daughter of the defacto complainant, while she was alone in the house. FI statement was laid on 23.09.2017 and investigation is progressing. According to the petitioner herein, though crime was registered, effective investigation is not being conducted.

(3.) The case diary was made available by the learned Public Prosecutor. Heard the learned counsel for the petitioner who vehemently argued for a direction to constitute a special team for investigation. Heard the learned Public Prosecutor also.