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2020 Supreme(Ker) 855

ALEXANDER THOMAS
Usman, S/o. Abdul Azeez – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.S.MOHAMMED AL RAFI
For the Respondent: AJITH KRISHNAN, SMT.MAYA.M.N, PUBLIC PROSECUTOR

ORDER :

The prayer in the aforecaptioned Criminal Miscellaneous case filed under Sec.482 of the Cr.P.C is as follows :

    “.................... to quash Annexure B final report and further proceedings in S.C.No.43/2016 on the file of Additional Sessions Court-I, Manjeri in the interests of justice.”

2. Heard Sri.S.Mohammed Al Rafi, learned counsel appearing for the petitioners (A1 & A2), Smt.M.N.Maya, learned Public Prosecutor appearing for the 1st respondent-State of Kerala and Sri.Ajith Krishnan, learned Advocate appearing for the contesting respondent No.2 (victim).

3. The petitioners herein have been arrayed as accused Nos.1 & 2 among the two accused in the impugned Annexure-A First Information Report in Crime No.1694/2015 of Malappuram Police Station, for offences punishable under Sec.377 of the Indian Penal Code, Sec.25 of the Juvenile Justice (Care & Protection of Children) Act and Sec.5(1) & Sec.6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

4. The case of the prosecution is that the 2nd respondent-victim boy had not completed the majority age of 18 years as on the alleged date of commission of the abovesaid offences, as his date of birth is 17.05.1998 and

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