A. BADHARUDEEN
Ivin – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash Annexure A1 FIR and Annexure A2 Final Report in S.C.No.2410/2023 on the files of the Special Court under the Protection of Children from Sexual Offences Act (for short, ‘the POCSO Act’ hereinafter), Thiruvananthapuram, arose out of Crime No.862/2023 of Kadinamkulam Police Station, Thiruvananthapuram District.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the relevant records.
3. In this matter, the prosecution alleges commission of offences punishable under Section 377 of the IPC, Sections 3(a)(d) r/w Section 4(2), 5(l)(p) r/w Section 6, 7 r/w Section 8, 9(l)(p) r/w Section 10 of the Protection of Children from Sexual Offences Act (for short, ‘the POCSO Act’ hereinafter) and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, ‘the SC/ST Act’ hereinafter). The prosecution allegation is that, the accused, who was the dance teacher of the victim, belongs to Christian community (not Scheduled Caste or Scheduled Tribe) brought the minor boy, who belong
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