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2024 Supreme(Online)(KER) 11934

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


ORDER

The sole accused in S.C.No.398/2022, on the files of Additional Sessions Court, Thrissur, arising out of Crime No.854 of 2021 of Cheruthuruthy Police Station, Thrissur, has filed this Criminal Miscellaneous Case under Section 482 of the Code of Criminal Procedure (`Cr.P.C’ for short) seeking quashment of Annexure-A2 Final Report in the above crime and all further proceedings thereof.

2.Heard the learned counsel for the petitioner as well as the learned Public Prosecutor in detail. Perused Annexure A2 final report and other relevant documents.

3.Here the prosecution allegation is that the accused, who doesn’t belong to either Scheduled Caste or Scheduled Tribe community, subjected the victim, aged 17 year, to sexual assault at 14.30 hours on 15.12.2021. The specific allegation is that when the defacto complainant reached E mythri, the same run by the accused, to prepare bio-data of her brother, she was subjected to molestation. The allegation is that after preparing the bio-data, the petitioner asked the victim to sit near him on a chair to verify the draft bio-data. At this juncture, the accused pressed on the left thigh of the victim twice and thereby committed offences punisha

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