N.R.RAMLAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in the above Crl.M.C filed under Sec.482 of the Cr.P.C is as follows:

(2.) Heard Sri.M.Revikrishnan, learned counsel appearing for the petitioner/accused, Sri.Saigi Jacob Palatty, learned Public Prosecutor appearing for R-1 State of Kerala and Sri.Akhil Bhaskar, learned counsel for the 2nd respondent (minor victim girl).

(3.) The petitioner has been arrayed as accused in the impugned Annexure-A1 Crime No.997/2018 of Pambadi Police Station, Kottayam, for offence punishable under Sec.354A of the Indian Penal Code, on the basis of the first information statement given by the minor victim girl then aged 13 years on 15.08.2018 at about 3.30 p.m., in respect of the alleged incidents which happened on the previous day (14.08.2018) at about 2.45 p.m. in the afternoon. Thereafter, the case has been committed to the Special Sessions Court notified to deal with POCSO cases, Kottayam and the case is now pending as Sessions Case S.C No.481/2018 on the file of the Additional Sessions Court notified to deal with POCSO cases, Kottayam. The main contention urged by the petitioner is that there are no proper materials even in the admitted prosecution materials as revealed by Annexure-A1 to implicate the petitioner for criminal culpability for the alleged offence of Sec.354A of the IPC. Further it is pointed out that the minor victim girl has not disclosed the commission of any offence by the petitioner, except making certain allegations which does not disclose any such offence. The further case of the petitioner is that on coming to know that the said allegation in the FIS will not constitute any offence, the prosecution has changed the story and the 2nd respondent minor victim girl has given a new version adding embellishments and improvisations to the prosecution case and at the same time, the other eye witnesses have given statements to the police which also form part of Annexure-A2 final report/charge sheet, wherein they would say that no such incident as alleged by the minor victim girl has happened in the school van at the relevant time. It appears that the petitioner is operating a school van for transportation of school children in which the minor victim girl and some of the charge witnesses who are the students of the school have been travelling for taking them from their residences to the school concerned.