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2022 Supreme(Online)(KER) 26347

HIGH COURT OF KERALA
ABHIJITH – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

Dated this the 17th day of October, 2022 Annexures A4 and A5 orders passed by the Fast Track Special Court, Perumbavoor (for short 'the court below') are under challenge in this Crl.M.C.

2. The petitioner is the accused No.5 in SC No.728/2020 pending before the court below. He faces trial for the offences punishable under Sections 354, 354A(1)(i) & (ii), 354D(i) & (ii) of IPC and Section 7 read with Section 8 of the POCSO Act.

3. The prosecution case against the petitioner in short is that he criminally intimidated the victim aged 17 years by threatening her about her revelation that she was subjected to sexual abuse by others and he demanded her to concede to his sexual interest as well and thereby she reached the campus of Kalady University on a day in the last week of April, 2018 at about 4.00 p.m and at his instance and ignoring her resistance, he kissed her and fondled her breast and further demanded sexual intercourse with him. It is further alleged that he stalked her repeatedly, personally and over phone.

4. On the side of the prosecution, 21 witnesses were examined and 22 documents were marked. MO1 and MO2 were identified. MO1 is a pen drive and MO2 is a Nokia phone.

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