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2025 Supreme(Online)(Ker) 52155

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SHIJU KRISHNAN – Appellant
Versus
STATE – Respondent


Advocates:
For the Appellants/Petitioners: SRI.DILEEP P.PILLAI
For the Respondents: ADV SHRI.ARAVIND DILEEP, SR.PP-SRI.A.VIPIN NARAYAN

O R D E R

The petitioner is the sole accused in Crime No. 2268 of

2023 of the Thrissur Town East Police Station, which is now pending as S.C.No.517/2024 on the files of Fast Track Special Court (Pocso II) Thrissur. The offences alleged against the petitioner are under Sections 3 76, 323 & 506 of IPC and Sections 4 , 3(a), 7 r/w 8 of Protection of Children from Sexual Offences Act, 2012 [for brevity, ‘the POCSO Act’].

2. The prosecution case is that the accused, with the intention of satisfying his sexual desire, on 17.01.2023, after promising to drop the defacto complainant and her brother at their house from a shooting location at Cheemeni, instead took them to a lodge in Thrissur and at about 3.10 a.m. on 18.01.2023, committed penetrative sexual assault upon CW1 after tying her hands and legs with a cot and thereafter intimidated her, threatening to do away with her in case she disclosed the incident to anyone, and thereby the accused committed the offences alleged.

3. According to the learned Counsel for the petitioner, the entire evidence in the case was already recorded by the trial Court and both sides were already heard and the case now stands posted for pronouncing the judgm

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