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2024 Supreme(Online)(KER) 34837

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
DR.JASEER ABOOBACKER – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
M.RAMESH CHANDER (SR.), K.A.SANJEETHA, SRI.BALU TOM, SRI.T.R.HARIKUMAR, SMT.ADITHYA RAJEEV, SMT.NIMA JACOB, PP

ORDER

Petitioner is the accused in S.C. No.1010/2018 on the file of the District and Sessions Court, Thalassery. The case is originated from Crime No.705/2018 of Kannur Town Police Station. The above case is charge sheeted alleging offences punishable under Sections 9 (n) and 10 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').

2. The allegation against the petitioner is that he committed sexual offences towards his own child. Hence it is alleged that the accused committed the above said offences. According to the petitioner, it is a clear case of abuse of the process of court and the prosecution is initiated because of matrimonial dispute.

3. Heard the learned Senior counsel Adv.M.Ramesh Chander as instructed by his retaining counsel appearing for the petitioner, the learned counsel appearing for the victim and the learned Public Prosecutor.

4. The petitioner is a Doctor having MD in General Medicine and also a Diploma in Diabetics. He was working at the Co-operative Hospital, Payyannur and was also conducting a Clinic. The petitioner married Dr. Shamna Muhammad. The marriage was on 09.12.2007 in accordance with the muslim customary rights. A child

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