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2022 Supreme(Ker) 276

M.R.ANITHA
Saidh, S/o. Hamza – Appellant
Versus
State of Kerala, Represented by Inspector of Police, Town East Police Station – Respondent


Advocates Appeared:
For the Petitioner: A. Ranjith Narayanan, A. Simi.
For the Respondent: Renjit George, Public Prosecutor.

ORDER :

Petitioner is the second accused in S.C.No.576 of 2018 on the file of Fast Track Special Court, Thrissur, which arose out of crime No. 1727 of 2016 of Thrissur East police station.

2. Crl.M.P.No.142 of 2021 was filed for discharge under Section 227 of the Code of Criminal Procedure, 1973 (in short 'the Code'). The case was charge sheeted for the offence punishable under Sections 376(1), 384 and 509 of Indian Penal Code, Section 66(E) of the Information Technology Act 2000, Section 120 (o) of the Kerala Police Act (in short’ KP Act’), Section 14 of read with 13 and 15 of Protection of Children from Sexual Offence Act, 2012 (in short ' the POCSO Act').

3. The prosecution case is that one day in March 2012, the first accused trespassed into the house of CW1 at Nakheer at Rasal-khaimah in UAE at about 11.00 p.m. during night while CW2, the daughter of CW1 was alone in the house and with the intention and preparation to sexually assault her, knowing that she is a minor girl and promising to marry her committed rape upon her and also copied the sexual abuse with the intention of blackmailing CW1, in the mobile phone. Subsequently, the first accused conspired with the second accused

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