Case Note & Summary
The petitioner, Krishnappa, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Special Case No.28/2024 pending before the Additional District and Sessions Judge, FTSC-1, Tumakuru, arising out of Crime No.154/2023 registered by Kodigenahalli Police Station for offences under Sections 376(l) of the Indian Penal Code, 1860 (IPC) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The complainant, Pushpalatha, mother of the victim child, alleged that on 10.12.2023 at 3.15 p.m., while she was doing household work, her daughter was playing alone in front of the house. After about 30 minutes, she noticed the petitioner taking the victim to a nearby bush and committing penetrative sexual assault. The victim was aged about 4 years. The petitioner was arrested and a charge sheet was filed. The petitioner contended that the allegations were false and that the medical evidence did not support the claim of penetration. The victim's statement recorded under Section 164 of the CrPC did not allege any sexual assault. The court examined the materials on record, including the complaint, the victim's statement, and the medical report. The medical report indicated no signs of penetration or injury. The victim's statement under Section 164 CrPC stated that the petitioner had taken her to a bush but did not mention any sexual act. The court held that there was no prima facie case for the offences alleged. The court noted that the continuation of proceedings would be an abuse of process of law. Accordingly, the court allowed the petition and quashed the entire proceedings in Special Case No.28/2024.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Inherent Powers - The High Court can quash proceedings if no prima facie case is made out and continuation would be an abuse of process. (Para 6) B) Protection of Children from Sexual Offences Act, 2012 - Sexual Assault - Section 4 - Lack of Evidence - Where medical evidence does not support penetration and victim's statement under Section 164 CrPC does not allege sexual assault, proceedings under POCSO Act are liable to be quashed. (Paras 4-6) C) Indian Penal Code, 1860 - Rape - Section 376(l) - Prima Facie Case - Allegation of rape must be supported by credible evidence; mere allegation without corroboration is insufficient to sustain charges. (Paras 4-6)
Issue of Consideration
Whether the proceedings in Special Case No.28/2024 for offences under Sections 376(l) IPC and Section 4 of POCSO Act should be quashed for lack of prima facie evidence.
Final Decision
Petition allowed. Entire proceedings in Special Case No.28/2024 pending before the Additional District and Sessions Judge, FTSC-1, Tumakuru, are quashed.
Law Points
- Quashing of criminal proceedings
- Prima facie case
- Lack of evidence
- Section 482 CrPC
- POCSO Act
- Section 376 IPC
