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2025 Supreme(Online)(Ker) 26599

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
... – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.STIYA SIVAN, SMT.K.R.RENJU, SMT.ASITHA M.M., SMT.ANILA ANTONY, SMT.ANJITHA APREM, SMT.HARITHA HARINATH
For the Respondents: SMT.ATHIRA SUDHEER V., SRI.SANAL P.RAJ

O R D E R

The accused in S.C. No.376/2023 on the files of the Fast Track Special Court, Aluva, has filed this petition under Section 482 of the Code of Criminal Procedure , 1973, to quash the proceedings against him in the said case. The offences alleged against him are under Sections 354, 354A(1), 354B, 354D, 376(2)(n) and Section 447 I.P.C, Section 66E of the IT Act and Sections 4(1) r/w Section 3(a), 6 r/w 5(1), 8 r/w 7, 12 r/w 11(iv), 11(v) and Section 14 r/w 13(a) and 13(c) of the Protection of Children from Sexual Offences Act , 2012, (in short, ‘POCSO Act’). The prosecution case is that on three days in the month of October, 2022, the petitioner criminally trespassed into the residence of the victim, a girl aged 16 years, and resorted to penetrative sexual intercourse and recorded the nude visuals of the victim.

2. In the present petition, the petitioner would contend that he has been falsely implicated in this case, and that there was no such incident as alleged by the prosecution. It is further stated that the petitioner was in love with the survivor, which the parents of the survivor did not like. According to the petitioner, he married the survivor on 21.04.2024, and n

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