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2012 Supreme(Ker) 440

S.SIRI JAGAN
Thankayyan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:S. Gopakumaran Nair (Senior), S. Sreelal, Advocates.
For the Respondent:V. Vijulal, Government Pleader, Saiby Jose Kidangoor, J. Harikumar, Advocates.

Judgment:

1. The petitioner is the father of an unfortunate young boy, who was arrested by the Police. The sequence of events started from the date when one girl went missing. Her parents lodged a complaint before the police. A man - missing case was registered by the police. The girl returned after four days. It was found that the girl was in the company of the petitioner’s son and three of his friends. Thereafter, as requested by the police, the parents of the girl and the girl went to the police station and gave statements to the police. The girl submitted that she had not been in any way harmed by the youths. The girl was referred for medical examination, in which it was proved that she was not subjected to any kind of sexual intercourse. The girl and her parents had no complaint against the petitioner’s son and the other youths, in whose company the girl had been. It appears that the girl had some difference of opinion with her parents, which was the reason for her to leave her home and she was under the protective custody of the youths at the relevant time. But the police arrested the youths and charged them with offences under Sec. 366A, Sec. 376 and Sec. 420, read with Sec.

















































































































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