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2024 Supreme(Ker) 616

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


Advocates:
Advocate Appeared:
For the Appellant : NIRMAL V NAIR, M.ANEESH
For the Respondent: SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE, MADHUSOODANAN K.S, M.M.VINOD KUMAR(K/1685/2000), P.K.RAKESH KUMAR(K/384/2008), K.S.MIZVER(K/333/2007), M.J.KIRANKUMAR(K/000201/2017)

ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash Annexure 10 Final Report and all further proceedings against the petitioner herein in S.C.No.134/2021 on the files of the Special Court for the Trial of Offences under the Protection of Children from Sexual Offences Act, (for short ‘the PoCSO Act’ hereinafter), Kalpetta, arose out of Crime No.784/2020 of Panamaram police station, Wayanad. The petitioner is the sole accused in the above case.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor, in detail.

3. I have perused the case diary including the statements of witnesses.

4. The prosecution allegation is that, at about 8.30 a.m. on 17.11.2020, while the victim was sweeping the courtyard of her house, the accused, who was returning to his house from Anjukunnu, stopped in front of the courtyard of the victim’s house and made hissing sounds to invite the attention of the victim and then, uttered obscene words to the victim. This is the base on which, the prosecution alleges commission of offences punishable under Sections 294(b) an

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