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2024 Supreme(Ker) 360

K. BABU
Parthasarathi M. – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anilkumar C.R., Archana Haridas K., C.C.Anoop, M.K.Sumod, M.S.Aneer, Mahesh V Ramakrishnan, Prerith Philip Joseph, R.Anas Muhammed Shamnad, S.Rajeev, Sarath Babu Kottakkal, Sarath K.P., Sarun, Smt.Mary Liya Sabu, Thushara.K, V.Vinay, Vidya M.K.
For the Respondent: Amici Curiae Sri.Renjith B Marar & Sri.John S Ralph, P.P.Smt.M.K.Pushpalatha, Ralph, Smt.C.Seena & Sri.G.Sudheer, Sri.N.R.Sangeeth Raj

 

Is strict proof of the age of the victim required in all cases of child pornography ? Should the prosecution prove the identity of the victim in child pornography cases ? These are essentially the questions raised in all these petitions. Therefore, I prefer to dispose of all these cases analogously.

2. In Crl.M.C.No.2231 of 2023, the petitioner challenges the final report and the order dated 1.11.2022 in CMP.No.468 of 2022, an application seeking discharge, passed by the Court of Additional District and Sessions Judge, Ernakulam (for the trial of cases relating to Atrocities & Sexual Violence against Women and Children). In Crl.M.C.No.1736 of 2021, the petitioner challenges the final report in S.C.No.519/2020 on the file of the Additional District and Sessions Court-I, Kasaragod.

3. In all the Criminal Revision Petitions, the petitioners challenge the orders rejecting their applications seeking discharge under Section 227 Cr.P.C..

Crl.M.C.No.1736 of 2021

4. The prosecution case is that on 27.6.2020 at 8 a.m., the Police found naked videos and photos of minor girls in the mobile phone of the accused. After completing the investigation the Police submitted final report alleging offences

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