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2024 Supreme(Ker) 587

A. BADHARUDEEN
Sakeer – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ANIL K.MUHAMED, KRISHNAKUMAR G., AJIN SALAM
For the Respondent: SRI.RENJIT GEORGE

ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash all further proceedings as per Annexure 2 Final Report, now pending as S.C.No.1207/2023 on the files of the Special Court for the Trial of Cases Relating to the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the PoCSO Act’ hereinafter), Ernakulam, arose out of Crime No.519/2022 of Aluva West Police Station (Alangad), Ernakulam.

2. In this matter, the prosecution alleges commission of offences punishable under Sections 376(2) (n), 420 and 506 of the IPC, by the accused. The prosecution allegation is that, the accused herein, with intention to commit rape on the de facto complainant, so as to satisfy his lust and also with intention to misappropriate money belonged to the de facto complainant, subjected the de facto complainant to rape in between 1.8.2018 to 17.8.2022, at various places. Further, the accused promised to marry the de facto complainant and borrowed money from her. Thereafter, the accused deviated from marriage and also failed to give money. Further, the de facto complainant was threatened by the accused. On this premise, the prosecutio

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