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2024 Supreme(Online)(KER) 11937

HIGH COURT OF KERALA
A. BADHARUDEEN, J
...... – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Dated this the 19th day of July, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure to quash the charge sheet in S.C.No.111/2021 on the files of the Special Court for the trial of offence under the the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’ for short), Ponnani, Malappura, arose out of crime No.263/2019 of Changaramkulam police station. The petitioner herein is the sole accused in the above crime.

2.Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Scrutinized the available materials.

3.In this matter, the specific allegation is that in between 7.00 am and 8.30 am on 13.04.2019, the accused herein, who is a madrassa teacher of the victim aged 12 years, subjected her to sexual assault and caught hold on her breast and demanded to kiss on the hands of the accused. On this premise, the prosecution alleges commission of offences punishable under Sections 354A of IPC, Section 8 read with Section 7 and Section 10 read with Section 9 (f)(l)(m)(p) of the POCSO Act as well as under Section 7 5 of t

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