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2024 Supreme(Online)(KER) 36170

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


Advocates:
NIRMAL V NAIR, M.ANEESH, SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE, MADHUSOODANAN K.S, M.M.VINOD KUMAR(K/1685/2000), P.K.RAKESH KUMAR(K/384/2008), K.S.MIZVER(K/333/2007), M.J.KIRANKUMAR(K/000201/2017)

Table of Content
1. arguments by learned counsel (Para 2 , 3 , 4 , 5 , 6 , 7)
2. examination of prosecution allegations (Para 8 , 9 , 10 , 11)
3. court's reasoning on offences (Para 12 , 13 , 14 , 15)

ORDER

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure , to quash Annexure 10 Final Report and all further proceedings against the petitioner herein in S.C.No.134/2021 on the files of the Special Court for the Trial of Offences under the Protection of Children from Sexual Offences Act , (for short ‘the PoCSO Act’ hereinafter), Kalpetta, arose out of Crime No.784/2020 of Panamaram police station, Wayanad. The petitioner is the sole accused in the above case.

2. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor, in detail.

3. I have perused the case diary including the statements of witnesses.

4. The prosecution allegation is that, at about 8.30 a.m. on 17.11.2020, while the victim was sweeping the courtyard of her house, the accused, who was returning to his house from Anjukunnu, stopped in front of the courtyard of the victim’s house and made hissing so

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