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2024 Supreme(Online)(KER) 45428

HIGH COURT OF KERALA
...... – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

This Crl.M.C. has been filed under Section 482 of the Criminal Procedure Code seeking the following reliefs;

Call for the records leading to Annexure A7 final report, on the files of the Addl.District and Sessions(POCSO) Court and quash the same in the interest of the justice.

2. Heard the learned Counsel for the petitioner and learned Public Prosecutor in detail. Also heard the de facto complainant appears in person and the learned Counsel representing the de facto complainant.

3. Here the Prosecution alleges commission of offences punishable under Section 376(2)(n) of IPC as well as under Section 4 r/w 3(a), 6r/w 5(1), 6 r/w 5(j)(ii) of the Protection of Children from Sexual Offences Act,2012 by the petitioner/accused.

4. As submitted by the learned Counsel appearing for the respective parties, parties married on 23/12/2013 and have been residing together as husband and wife. Later, the present FIR was registered on 5/7/2022 recording the statement of the de facto complainant, when difference of opinion arose between the spouses. It was alleged that during the period between 4/4/2013 to 8/11/2013, on various dates the accused subjected her to aggravated form of sexual assau

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