A. Badharudeen, J
1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash Annexure 2 Final Report and all
further proceedings against the petitioners, who are accused Nos.1 to 3 in SC No.103/2020 on the files of the Additional Sessions Court, Thrissur,
arose out of Crime No.310/2015 of Iringalakkuda Police Station, Thrissur.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the relevant documents.
3. In this matter, offences punishable under Sections 363, 370(2)(4), 370A(1), 376, 376(2)(i) and 376D r/w Section 34 of the Indian Penal Code
(hereinafter referred to as ‘IPC’ for short) and Section 4 r/w Section 3(a), 6 r/w 5(g) and 17 r/w 16 of the Protection of Children from Sexual
Offences Act (hereinafter referred to as ‘PoCSO Act’ for short) are alleged to have been committed by the accused. The prosecution
allegation is that, petitioners 1 and 2 enticed a minor girl, aged 13 years from the lawful custody of her guardian from her house at 3.00 pm on
01.03.2015 and took her in a car to a nearby place. Then the car was parked on the road side and the first accused committed penetrative sexual
assault on her, while the second accused waited outside the car. He thereby allegedly abetted the commission of crime by the first accused.
Thereafter, they dropped the girl at another place in the custody of the third accused and he took her to Perumbavoor. There, accused Nos.3 to 6
repeatedly committed penetrative sexual assault on the victim and thereafter they handed over her to the 7th and 8th accused. They took her to
another place, where they had committed sexual assault on her.
4. The learned counsel for the petitioners sought quashment of the proceedings, mainly banking upon the acquittal of the petitioners in SC No.612/2016
and SC No.441/2017. On the facts of this matter, initially, Crime No.310/2015 was registered by the police under Section 57 of the Kerala Police Act
(hereinafter referred to as ‘KP Act’ for short) on the basis of a complaint lodged by the father of the victim alleging missing of his daughter,
who is the victim herein. The said complaint was lodged on 01.03.2015 and during investigation, the victim was traced out from a hotel in Bangalore on
05.03.2015. When her statement was recorded by the Police, she disclosed that several persons had committed penetrative sexual assault on her. On
the basis of the said disclosure, FIR was altered, deleting Section 57 of the KP Act and adding Sections 366A and 376 r/w 34 of IPC and Section 5
r/w 6 of the PoCSO Act. Thereafter, Section 3 r/w 4 and Section 16 r/w 17 of the PoCSO Act were also added. During investigation, 26 persons
were arrayed as accused. It is submitted further that after completing the investigation against petitioners 1 and 2, final report dated 30.05.2015 was
submitted before the 1st Additional Sessions Court, Thrissur and the same was numbered as SC No.612/2016. Thereafter, investigation against other
accused continued and final report dated 29.03.2017 was submitted before the same court against the 3rd petitioner herein and 5 other accused and
the same was numbered as SC No.441/2017. Thereafter, the investigation against the remaining accused continued by the 3rd respondent/Crime
Branch, Thrissur. After completing the investigation, the 3rd respondent submitted final report against the petitioners herein and other remaining
accused, who were not charge sheeted, and finally, the case against all the accused was numbered as SC No.103/2020, arraying the petitioners herein
as accused Nos.1 to 3, which has been pending before the 1st Additional Sessions Court. The trial court took cognizance against the petitioners and
the other accused and issued summons.
5. It is submitted by the learned counsel for the petitioners that the petitioners herein have been charge-sheeted twice for the very same offences. So,
challenging the present case initiated against them as per Annexure-2 final report for the very same offences, the petitioners filed
Crl.M.C.No.5181/2020 before this Court and the same was dismissed as per Annexure 3 order dated 22.06.2021. The learned counsel further
submitted that after the constitution of the Fast Track Special Court, Irinjalakuda, SC No.612/2016 and SC No.441/2017 were transferred to Fast
Track Special Court, Irinjalakuda by the 1st Additional Sessions Court, Irinjalakuda. Trial was conducted in SC No.612/2016 and petitioners 1 and 2
were acquitted vide judgment dated 29.10.2021. Similarly, trial was conducted in respect of the 3rd petitioner herein and the accused charge sheeted
as per final report in SC No.441/2017 and they were acquitted as per judgment dated 29.09.2021 by the Special Judge, Irinjalakuda. The learned
counsel pointed out that the victim as well as her mother were examined as PW1 and PW2 in SC No.612/2016 and SC No.441/2017, they turned
hostile to the prosecution and they did not depose that the petitioners had kidnapped the victim and they had committed sexual assault on her.
According to the learned counsel for the petitioners, the present case is an abuse of process of law and the substratum of the prosecution case is lost
in view of the judgments in SC 612/2016 and SC 441/2017 and there is no chance of conviction of the petitioners, if at all trial is conducted. On these
grounds, quashment is canvassed.
6. While opposing quashment of the proceedings sought for the second time, after dismissal of the earlier plea in this regard as per Annexure 3, it is
submitted by the learned Public Prosecutor that as per Annexure 3 order, this Court meticulously analysed the allegations against the petitioners in this
particular crime and finally, found that no illegality in the final reports, including the final report in the present crime. Accordingly,
Crl.M.C.No.5181/2020 seeking quashment of the proceedings was dismissed.
7. It is pointed out by the learned Public Prosecutor that now the sole reason canvassed to seek the same relief, without challenging Annexure 3 order,
is acquittal of accused (petitioners 1 and 2 herein) in SC 612/2016 and accused (the 3rd petitioner herein) in SC 441/2017. In fact, in view of the
finality of Annexure 3, the present petition, seeking the same relief sought for in Annexure 3, would not succeed.
8. On appraisal of the prosecution materials, altogether three sessions cases numbered in relation to Crime No.310/2015 of Irinjalakuda Police Station.
Earlier, when quashment of the present case, viz., SC 103/2020, was filed, this Court negatived the same, as already submitted by the learned Public
Prosecutor. In paragraph Nos.8, 9 10 and 11, this Court addressed the earlier contentions while dismissing Crl.M.C.No.5181/2020 as per Annexure 3
order. Now the only contention raised to canvass the same relief is that PWs 1 and 2 when examined in SC 612/2016 and SC 441/2017 deposed
before the trial court that the petitioners had not kidnapped PW1 and they had not committed any sexual assault on her. The prosecution materials
would show that in the instant case (SC 103/2020), apart from the petitioners, the remaining accused (not incorporated in SC 612/2016 of SC
441/2017) are to be tried. Thus the evidence to be considered is independent of the evidence in SC 612/2016 and SC 441/2017 with regard to the
involvement of the petitioners and the other accused independently. In such case, the evidence of PW1 and PW2 in the other cases above is not a
reason to consider quashment of the proceedings before the trial court, which was negatived as per Annexure 3 order, for which no challenge raised.
Therefore, this petition is found to be meritless and is dismissed with direction to the petitioners to co-operate with the trial.
In the result, this petition stands dismissed.
Interim order of stay granted by this Court stands vacated and the Special Judge is directed to expedite the trial in this case of the year 2015 at any
rate within a period of four months from the date of receipt of a copy of this order.
Registry is directed to forward a copy of this order to the jurisdictional court for information and further steps.