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2024 Supreme(Online)(KER) 15738

HIGH COURT OF KERALA
P. G. Ajithkumar, J
...... – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
R.GOPAN, SMT SHEEBA THOMAS, PUBLIC PROSECUTOR

ORDER

The petitioner is the accused in S.C.No.1053 of 2020 pending before the Fast Track Special Court, Neyyattinkara.

His petition seeking discharge was dismissed. Challenging that order, he filed this revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure , 1973 (Code).

2.Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3.The final report was filed alleging commission of the offence punishable under Section 354 of the Indian Penal Code , 1860 ( IPC ) and Section 8 read with Section 7 of the Protection of Children from Sexual Offences Act , 2012 (PoCSO Act). The allegations are as follows:

    The victim is aged 15 years. The petitioner is a distributor of newspapers and periodicals. At about 7.10 a.m. on 19.10.2019 the victim was on her way to the tuition centre.
    While walking along the southern side of the tarred road, the petitioner gave her a Balarama and when she stretched her hand to receive it, the petitioner held her right hand with sexual intent.

4.The trial court did not accept the contentions of the petitioner that he was innocent and the allegations would not constitute any offence. The learned counsel for th

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