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2019 Supreme(Online)(Ker) 89159

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. Nagaresh, J
ISMAIL M. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellant: Sri.Vinay Ramdas
For the Respondents: Sri.Saigi Jacob Palatty, Sri.K.V.Anil Kumar, Sri.M.R.Sudheendran

Table of Content
1. allegations of illicit relationship and their implications. (Para 3 , 4)
2. definitions and implications under the pocso act. (Para 7 , 8 , 9)
3. application of definitions concerning actions observed in presence of a minor. (Para 10 , 11 , 12)
4. judicial observations on special court's authority to take cognizance. (Para 13 , 14 , 15)

O R D E R

The prayers in the aforecaptioned Criminal Revision Petitioner Case filed under Secs. 397 and 401 of the Code of Criminal Procedure, 1973 , are as follows:

“i. Set aside the order in C.M.P.No.1198/2018 dated 10/01/2019 on the files of the 1st Additional Sessions Judge, Kollam, (sic) allow the same;

ii. Grant such other relief deemed fit and proper by this Honourable Court.”

2. Heard Sri.Vinay Ramdas, learned counsel appearing for the petitioner (complainant), Sri.Saigi Jacob Palatty, learned Prosecutor appearing for R-1 State, Sri.K.V.Anil Kumar, learned counsel appearing for R-2 and Sri.M.R.Sudheendran, learned counsel appearing for R 3. Though notice process on R-4 has been duly completed, there is no appearance for that party.

3. The gist of the allegations in Anx. A-1 complaint is as follows:

The petitioner and the 2nd respo

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