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2024 Supreme(Ker) 569

A. BADHARUDEEN
Sebin Thomas – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: V.A.Johnson (Varikkappallil)
For the Respondent: Renjit George, Sr PP

ORDER :

This Criminal Revision Petition has been filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, challenging the order dated 16.05.2024 in C.M.P. No.88/2024 in S.C. No.1003/2023 on the files of the Fast Track Special Court-II, Thrissur (Sessions Division Thrissur).

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials available.

3. In this matter, the prosecution case is that at about 14.00 hours on 26.02.2023, the accused stored and possessed pornographic materials involving child which was downloaded from Telegram X Application by using his Samsung SMA 307 FN mobile and sim number 8921208934. Thus, the accused alleged to have committed the offence punishable under Section 15(2) of the Protection of Children from Sexual Offences Act [hereinafter referred as ‘POCSO Act’ for short] and under Section 67(B)(b) of the Information Technology Act, 2000 [hereinafter referred as ‘IT Act’ for short].

4. It is submitted by the learned counsel for the petitioner that tracing out the ingredients to attract offences under Section 15(2) of the POCSO Act and Section 67(B)(b) of the IT Act, there must be

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