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2024 Supreme(Online)(KER) 25630

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


Advocates:
S.K.PREMRAJ, C.ANILKUMAR (KALLESSERIL), V.SARITHA, P.M.MANASH, REENU KURIAN, NEEMA NOOR MOHAMED, JAIN VARGHESE, NAVAS JAN A.

O R D E R

Dated this the 12th day of September, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure , challenging Annexure A5 Court charge dated 10.08.2021 in S.C.No.617/2019 on the files of the Special Court for trial of offences under the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’ for short) Cases, Chavakkad.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor in detail. I have perused Annexure A5, which is under challenge.

3. Going by the prosecution materials, commission of offences under Sections 354A(1)(i),(iv), 354D of IPC, Section 7 read with Section 8 , Section 11 (i),(iv) and (v) read with Section 12 of the POCSO Act and Section 66D of the Information Technology Act , are alleged against the petitioner.

4. The learned counsel for the petitioner argued that going by the prosecution allegations and taking note of the entire prosecution allegations as gospel of truth, there are no materials to frame charge against the petitioner as framed in Annexure A5 court charge. It is also submitted that while considering the question of framing charge,

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