Back
A. BADHARUDEEN
.... – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Sole accused in S.C.No.998/2020 on the files of the Additional Sessions Court (PoCSO), Thiruvananthapuram, seeks quashment of the said case arising out of Crime No.960/2018 of Vanchiyoor Police Station, Thiruvananthapuram, where the accused is alleged to have committed offences punishable under Section 7 r/w Section 8, Section 9(l)(m)(n) and Section 10 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the PoCSO Act' hereinafter).
2. Heard the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent/de facto complainant. Also heard the learned Public Prosecutor, in detail.
3. In this matter, the allegations against the accused is that, at about 12.15 hrs. on 12.5.2018, when the accused was given temporary custody of the minor boy aged 7 years, as per the interim order of the Family Court, Thiruvananthapuram, the accused touched on the penis of the minor victim with sexual intent and made comments about the size of the penis and thereby, he committed the above offences.
4. While seeking quashment, the learned counsel for the petitioner argued that the entire allegations in Annexure A FIR and Annexure C Final Report in thi
The court emphasized the potential misuse of the Protection of Children from Sexual Offences Act in custody disputes, ruling that allegations lacked prima facie evidence of sexual intent.
The main legal point established is the significance of the child's testimony in cases of sexual assault, the presumption under Section 29 of the POCSO Act, and the need for proper protection of the ....
The court ruled that allegations under the POCSO Act were used by a parent to manipulate judicial proceedings, emphasizing the protective role of the law against abuse in custody disputes.
Charges under POCSO can be framed without new allegations if based on existing evidence, emphasizing the seriousness of claims made against the accused.
The main legal point established is the application of the POCSO Act to protect children from sexual exploitation, emphasizing the offense of penetrative sexual assault and the lack of capacity to gi....
Serious offences under the PoCSO Act cannot be quashed based on victim's retraction, as they affect public interest and societal morals.
Point of law: Section 42(A) of the POCSO Act, Section 31 of Cr.P.C., need not be strictly followed while awarding the punishment of imprisonment for offence under the POCSO Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
