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2024 Supreme(Online)(KER) 34920

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


Advocates:
R.ANIL, B.RAMAN PILLAI (SR.), M.SUNILKUMAR, SUJESH MENON, V.B.THOMAS ABRAHAM (NILACKAPPILLIL), THOMAS SABU VADAKEKUT, MAHESH BHANU, S.S.LAKSHMI SANKAR, RESSIL LONAN, SWETHA P. DILEEP, NOUSHAD THOTTATHIL, NOORJI NOUSHAD, SRI.M.P.PRASANTH, PUBLIC PROSECUTOR

ORDER

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure to quash Annexure-5 Final Report and all further proceedings in S.C.No.315/2022 on the files of the Additional Sessions Court-I, Pathanamthitta, arose out of crime No.1273/2021 of Koipuram Police Station, Pathanamthitta. The petitioner herein is the sole accused in the above case.

2. Heard the learned counsel for the petitioner, the learned counsel for the victim and the learned Public Prosecutor in detail. Perused the relevant documents.

3. As per the prosecution allegation, the accused herein alleged to have committed offences punishable under Section 354A (1)(i) of the Indian Penal Code (hereinafter referred to as ‘ IPC ’ for short), under Section 8 2 of the Juvenile Justice (Care and Protection of Children) Act , 2015 (hereinafter referred to as 'JJ Act', for short) and under Sections 7 r/w 8 and 9(f) r/w 10 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘PoCSO Act’ for short). The specific allegation of the prosecution as per the final report is that at about 11.30 hours on 14.11.2015, the accused, who is none other than the tuition teach

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