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2024 Supreme(Ker) 713

A. BADHARUDEEN
Radhakrishna S. Naik S/o S. V. Naik (Late) Kaumudikh – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: S. Rajeev, M.S. Aneer, V. Vinay, Anilkumar C.R., Prerith Philip Joseph, Sarath K.P.
For the Respondent: Renjit George.

ORDER :

1. This revision petition has been filed under Sections 397 and 401 of Code of Criminal Procedure (hereinafter referred as Cr.P.C. for convenience) challenging the order dated 05.09.2023 in Crl.M.P. No. 330/2023 in S.C. No. 542/2022 on the files of the Special Court for trial of cases under the Protection of Children from Sexual Offences Act (hereinafter referred as ‘POCSO Act’ for short) cases, Hosdurg. The petitioner herein is the 2nd accused in the above case.

2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor, in detail. Perused the case diary and relevant materials available.

3. In this matter, the petitioner herein is answerable for offence punishable under Section 19(1) of the POCSO Act, on the allegation that, he being a person, who examined the victim herein, though got an apprehension that an offence under the POCSO Act had been committed or had knowledge that such an offence had been committed, he failed to provide such information to the Special Juvenile Police or the local Police.

4. The prosecution allegation is that, when the victim, a minor aged 17 years, faced difficulty in urination, as advised by her friend, she reached

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