ORDER :

A. Badharudeen, J.

The petitioner in this Crl.MC is the 2nd accused in S.C.No.929 of 2021 on the files of Special Court under the Protection of Children from Sexual Offence Act, 2012 (for short ‘PoCSO Act’, hereinafter) Thrissur. The petitioner seeks quashment of the above proceedings by invoking power under Section 482 of the code of Criminal Procedure.

2. In this matter, the prosecution alleges commission of offences punishable under sections 4(1) r/w 3(a), 6(ii) r/w 5(j)(ii) of PoCSO Act and sections 540 and 376 of the Indian Penal Code, 1860 (for short ‘IPC’ hereinafter) by the 1st accused, and offence under section 21 r/w 19(1) of PoCSO Act by the 2nd accused, who is the mother of the victim. In a nut shell the prosecution allegation is that when the victim aged 17 years felt abdominal pain and there was no menstruation for a period of five months, the 2nd accused, mother took her to XXX Hospital, XXX, and the Gynaecologist therein advised her to have scan examination doubting PCOD. On scan examination, it was found that the victim had completed 18 weeks of pregnancy and she was immediately referred to Government Medical College for further management. But the doctor fail