JUDGMENT :

A.K. Sikri, J.

After hearing this matter on 1st August, 2018, following order was passed:

“Leave granted.

We have heard the arguments.

We are informed that the trial is in progress today before the trial court. Since, there is not enough time to dictate the judgment, we are allowing this appeal so that the decision is conveyed to the trial court. Reasons to follow.

A copy of this order may be provided to the counsel for the parties.”

2. We are now stating our reasons which led us to allow the appeal of the appellants.

3. First Information Report under the provisions of Protection of Children from Sexual Offences Act, 2012 (For short, POCSO Act) has been registered in which charge sheet has been filed and the case registered as Sessions Case No. 460 of 2017 is pending before the Special Judge, Ernakulam. The appellants herein are arrayed as accused nos. 3, 4 and 5. Insofar as the appellants are concerned, allegations against them are under Sections 201 read with Section 34 of the Indian Penal Code (for short, ‘IPC’), Section 19(1) read with Section 21(1) of POCSO Act and Section 75 of the Juvenile Justice Act.

4. The case of the prosecution, in brief, is that accused no. 1 had rap