Kerala High Court
Swami Vasupradananda vs State Of Kerala on 30 December, 2016
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 17TH DAY OF JANUARY 2017/27TH POUSHA, 1938
Crl.MC.No. 53 of 2017 ()
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SC. NO.523/2016 OF 1ST ADDL. SESSIONS COURT, THRISSUR.
CRIME NO. 1926/2014 OF PERAMANGALAM POLICE STATION, THRISSUR.
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PETITIONER/ACCUSED:
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SWAMI VASUPRADANANDA,
AGED 45, S/O. GAHANANDA,
C/O. SWAMI ABHIRAMANANDA, SECRETARY,
RAMAKRISHNA MISSION VIDYALAYA, COIMBATORE,
TAMILNADU- 641 020.
BY ADVS.SRI.D.ANIL KUMAR,
SRI.K.SHAJ.
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. SARAMMA, AGED 55 YEARS,
W/O. RAVEENDRAN, IKKARATHAZHATHU HOUSE,
CHANDINIKADU, PANICHIKADU VILLAGE,
KOTTAYAM.
R1 BY PUBLIC PROSECUTOR SRI.E.C. BINEESH.
R2 BY ADV. SRI.SERGI JOSEPH THOMAS
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 17-01-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.MC.No. 53 of 2017
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1. COPY OF THE FIR AND FINAL REPORT GIVEN TO THE
PETITIONER FROM THE IST ADDITIONAL SESSIONS COURT,
THRISSUR IN SC.523/2016 ARISING OUT OF CRIME NO.1926/2014
OF PERAMANGALAM POLICE STATION, ALONG WITH THE
TYPED COPY OF ALL THE PAGES THAT ARE WRITTEN
USING CARBON PAPER.
ANNEXURE A2. COPY OF THE AFFIDAVIT GIVEN BY
ANANTHAKRISHNAN NAMBOOTHIRI DATED 30.12.2016.
ANNEXURE A3. COPY OF THE AFFIDAVIT GIVEN BY ROHIT DATED 31.12.2016.
ANNEXURE A4. COPY OF THE AFFIDAVIT GIVEN BY 2ND RESPONDENT
DATED 19.11.2016.
ANNEXURE A5. COPY OF THE AFFIDAVIT OF ADITYAN DATED 19.11.2016.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
RAJA VIJAYARAGHAVAN.V., J
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Crl.M.C. No. 53 of 2017
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Dated 17th January, 2017
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ORDER
1.The petitioner herein is the accused in S.C.No.523 of 2016 on the file of the 1st Additional Sessions Court, Thrissur. In the aforesaid case, he faces indictment under Sections 8 and 10 read with Section 9 (d)(m) of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and under Section 377 of the IPC.
2.The petitioner was working as a warden of the Sree Ramakrishna Gurukula Vidyamandir Higher Secondary School at Puranattukara, Thrissur. The Ramakrishna Math and Mission is running the said school.
3.According to the prosecution, the grandson of the 2nd respondent while studying in the 5th standard was staying in the boys' hostel. The specific allegation is that the petitioner had subjected the aforesaid minor boy to aggravated form of sexual assault. I do not think it Crl.M.C. No.53 of 2017 -2- necessary to detail the overt acts committed by the petitioner.
4.According to the petitioner, the allegations are falsely foisted and he is innocent. The senior students of the said school was aggrieved as the petitioner is a strict disciplinarian. According to the learned counsel, in the course of proceedings, the disputes have been resolved. Affidavit sworn to by the 2nd respondent and two students who had allegedly narrated the acts of the petitioner are relied on by the learned counsel to contend that the continuation of criminal proceedings is nothing but a futile exercise. The learned counsel would further contend that the petitioner is a monk and he has been exculpated after an internal enquiry conducted by the mission.
5.The learned Public Prosecutor on instructions submits that the allegations leveled against the petitioner are extremely serious and involves a minor boy who was Crl.M.C. No.53 of 2017 -3- studying in the 5th standard at the relevant point of time. It is further submits that the petitioner was the hostel warden and the act committed by the petitioner cannot be condoned by no stretch of imagination. Relying on the decision of the Apex Court in Gian singh v. State of Punjab (2012) 10 SCC 303 as well as in Narinder singh v. State of Punjab (2014) 6 SCC 466, it is submitted that this is not a fit case where this Court will be justified in quashing the proceedings on the ground of a reported settlement.
6.I have considered the rival submissions and have gone through the materials on record. The allegations are under the provision of POCSO Act and under Section 377 of the IPC. After having gone through the materials on record, I am of the considered view that the extraordinary powers of this Court under Section 482 of the Code cannot be invoked in a case of instant nature to quash the Crl.M.C. No.53 of 2017 -4- proceedings. The allegations raised are serious and a minor child is involved. By no stretch of imagination, can it be held to be an offence as between the private parties simplicitor. Offence of this nature will have a serious impact on the society at large and any settlement arrived at between the guardian and the witnesses cannot be given the imprimatur of this Court. (see State of M.P. V Manish and others [2015(8) SCC 307]. However, having regard to the fact that the crime was registered in the year 2014, I direct the learned Sessions Judge to expedite the trial proceedings and take the matter to a logical conclusion at the earliest. With these observations this petition is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN.V., JUDGE kp/21.1.17