The Supreme Court has ruled to dismiss criminal charges against an advocate accused of criminal intimidation in a sexual assault case. The court found that vague and delayed allegations, along with an altered statement from the prosecutrix, were insufficient to proceed with the trial. The appeal filed by Bеri Manoj was accepted by a Bench of Justices Aravind Kumar and Prasanna B. Varale, overturning the Andhra Pradesh High Court’s decision not to halt the proceedings at the pre-trial stage.
The advocate was named as accused No. 5 in an FIR from 2022 under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. The apex court emphasized that the primary charge against the advocate was related to criminal intimidation under Section 506 IPC. Upon reviewing the case records, the court observed that the prosecutrix did not initially mention any threat from the advocate in her statement under Section 161 of the Criminal Procedure Code (CrPC).
The court highlighted a discrepancy in the timing of events, noting that the prosecutrix’s statement under Section 164 CrPC, where she implicated the advocate, came seven days later and lacked specific details. The court deemed this delayed and vague reference insufficient to sustain the prosecution’s case. It emphasized that mere verbal threats, without intent to cause alarm, do not meet the criteria for criminal intimidation under Section 506 IPC.
The Supreme Court stressed that for a charge of criminal intimidation to stand, there must be a clear intention to cause alarm, regardless of the victim’s reaction. The court concluded that the allegations against the advocate were unsupported by substantial evidence and lacked clarity. It also considered the advocate’s professional role, stating that his actions as a lawyer providing advice did not amount to intimidation in the absence of foundational facts. As a result, the court quashed the proceedings against the advocate while allowing the case to proceed against the other accused parties.
