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2024 Supreme(Online)(KER) 42189

HIGH COURT OF KERALA
MUHAMMAD ILIYAS – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Dated this the 7th day of Obtober, 2024 This Criminal Revision Petition has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the charge framed by the Special Court for the trial of cases under the Protection of Children from Sexual Offences Act [hereinafter referred as ‘POCSO Act’ for short], Chavakkad, dated 09.07.2024 and 13.08.2024 in S.C. No.649/2024 arose out of Crime No.883/2023 of Chavakkad Police Station, Thrissur. The revision petitioner herein is the accused in the above case.

2. Heard the learned counsel for the revision petitioner as well as the learned Public Prosecutor, at the time of admission. Perused the charge framed by the Special Court dated 09.07.2024 and 13.08.2024 and relevant materials available.

3. In this matter, after investigation of the crime, registered alleging sexual assault against a minor girl aged 4 and half years, by the driver of the school van bearing registration No.KL-46-L-2544, who used to take the minor to the school regularly, the Police filed Final Report alleging commission of offences punishable under Section 354(B) of IPC, under Section 75 of the Juvenile Justice (Care and Protectio

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