This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (` BNSS ’ for short).

Prayer is to quash and set aside final report in S.C.No.1022/2023 pending before the Special Court under the Protection of Children from Sexual Offences Act (`POCSO Act’ for short), Hosdurg, Kasargode.

2.Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant documents.

3.Coming to the prosecution allegations, the survivor is a minor boy, aged 10 years. The prosecution allegation is that on one day, before 10 days of 31.07.2023, at 17.30 hours, while the survivor was returning to his house after his tuition, the petitioner, with sexual intent and to exploit him sexually, transported him to his house and at the car shed, shown Rs.200/- and enticed him, and after that with sexual intent held his shirt and hand. Thereby he has committed offences punishable under Section 370 (4) of the Indian Penal Code and Section 10 r/w 9(m), Section 12 r/w 11(vi) of the POCSO Act.

4.It is argued by the learned counsel for the petitioner that none of the offences under the POCSO Act would attract in the fac