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2025 Supreme(Online)(KER) 7452

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
Dr Ditto Tom P, S/o Tom – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SARATH BABU KOTTAKKAL, RENJITH B.MARAR, ARCHANA VIJAYAN
For the Respondent: PUBLIC PROSECUTOR SRI JIBU T S

Table of Content
1. allegations against the accused (Para 3 , 4 , 5 , 7)
2. arguments by revision petitioner (Para 6)
3. court's analysis of evidence (Para 8 , 9 , 10 , 11 , 12 , 13)
4. court's reasoning on reporting (Para 14)

ORDER :

This Revision Petition has been filed under Sections 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (` BNSS ’ for short), challenging the order in Crl.M.P No.72/2023 in S.C.287/2022 on the files of Special Court under the Protection of Children from Sexual Offences (POCSO) Act cases, Chavakkad. The revision petitioner is the 2nd accused in the above case.

2. Heard the learned counsel for the revision petitioner/2nd accused and the learned Public Prosecutor in detail. Perused the order impugned and the case diary as such placed by the learned Public Prosecutor along with decisions placed by the learned counsel for the revision petitioner.

3. Prosecution allegation herein is that on 02.10.2020 and 19.10.2020 a child in conflict with law in this crime committed aggravated penetrative sexual assault on the first witness, a female child, aged 13 years, and accordingly she became pregnant. The allegation against accused 1, 3 and 4 is that despite havin

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