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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
Goutham.M – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. first petition establishes the foundation for seeking quashment. (Para 1 , 2 , 3) |
| 2. argument framed based on marital status and its implications for the case. (Para 4 , 5 , 6) |
| 3. court’s evaluation of the impact of prosecution on family dynamics. (Para 7 , 8) |
| 4. final ruling and its justification based on marriage and family preservation. (Para 9 , 10) |
O R D E R
The accused in S.C No.158/2023 on the files of the Fast Track Special Court (POCSO), Kattappana, has filed this petition under Section 5 28 of the Bharatiya Nagarik Suraksha Sanhita , 2023, to quash the proceedings against him in the said case. The offences alleged against him are under Sections 4 50, 354 and 376 of the Indian Penal Code, 1860 , and Section 3 (a) r/w 4 and (j)(ii) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 , (in short, ‘POCSO Act’).
2. The prosecution case is that on 22.08.2022, at about 11:00 a.m, the petitioner committed penetrative sexual assault upon the de facto complainant, a minor girl at the Line Room of the Estate where she had been residing along with her parents. It is alleged that the petitioner resorted to the above act by giving the promise of m
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