Kerala High Court
Xxxxxx vs State Of Kerala on 22 September, 2025
2025:KER:70425
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 22ND DAY OF SEPTEMBER 2025 / 31ST BHADRA, 1947
CRL.MC NO.3805 OF 2025
CRIME NO.171/2022 OF KAREELAKULANGARA POLICE STATION,
ALAPPUZHA
IN SC NO.718 OF 2022 OF FAST TRACK SPECIAL COURT, HARIPAD
PETITIONER/PETITIONER/ACCUSED:
XXXXXXXXXX
AGED XXXX YEARS
XXXXX
BY ADV
SRI.M.R.SASITH
RESPONDENTS/COUNTER PETITIONER/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KAREELAKULANGARA POLICE STATION,
KANYAKUMARI - PANVEL ROAD NANGIARKULANGARA
ALAPPUZHA DISTRICT, PIN - 690513
BY ADV.
SMT BINDU O.V., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 22.09.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:70425
Crl.M.C. No.3805 of 2025
-2-
G. GIRISH, J.
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Crl.M.C. No.3805 of 2025
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Dated this the 22nd day of September, 2025
ORDER
Annexure A2 - order passed by the Fast Track Special Court, Haripad, rejecting the request of the accused in S.C.No.718 of 2022 on the files of the said court to constitute the Medical Board for ascertaining whether he is impotent or not, is under challenge in this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is the accused in the aforesaid case relating to the commission of the offences under Sections 363, 370A(1), 370(4), 342, 376(2)(n), 376AB, 354, 354A(2), read with Sections 354A(1)(i) and 354A(1)(iii) and 354D of the IPC, and Section 4(2) read with Sections 3(a) & 3(b), Section 6 read with Sections 5(l) and 5(m), and Section 12 read with Section 11(iii), (iv) of the Prevention of Children from Sexual Offences Act, 2012, and Section 67A of the Information Technology Act, 2000.
2025:KER:70425 Crl.M.C. No.3805 of 2025 -3-
2. The allegation against the petitioner/accused is that he committed aggravated penetrative sexual assault upon a five year old girl child, by inserting his phallus into the mouth of the victim child, and also by making the victim child to hold his phallus. Another allegation is that the petitioner had touched the vagina of the victim girl, and thereby committed the aforesaid offences. Along with the Final Report, the Investigating Agency had also produced the necessary certificates to show that there is nothing which prevents the petitioner from indulging in sex. At the stage when the entire evidence of the prosecution was over, and after the accused was questioned under Section 313 Cr.P.C, he had filed the present petition stating that he is suffering from various ailments, which would show that he is impotent.
3. The learned Special Judge rejected the above request of the petitioner for two reasons. Firstly, it is observed by the learned Special Judge that PW9 - the Medical Officer concerned, who conducted the potency test of the petitioner, had categorically stated that he was capable of doing the alleged act. It is further observed 2025:KER:70425 Crl.M.C. No.3805 of 2025 -4- that in spite of vigorous cross examination, nothing could be brought out from the above Medical Officer to disbelieve the evidence in the above regard. Secondly, the learned Special Judge observed that, having regard to the nature of the allegations levelled against the petitioner, the question whether he was suffering from Erectile Dysfunction or not, is not having much relevance, since the allegation is not that he attempted to have penetration into the vagina of the victim girl. There is absolutely nothing irregular or erroneous in the aforesaid findings of the learned Special Judge.
4. Having regard to the nature of the allegations levelled against the petitioner / accused, the question whether he is having Erectile Dysfunction or not, is not having any relevance. It appears that the attempt of the petitioner is to procrastinate the proceedings somehow or other. Though heavy costs are liable to be ordered while dismissing this petition, I refrain from doing so.
The Crl.M.C. stands dismissed.
(sd/-)
G. GIRISH
JUDGE
ded/22.09.2025