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2026 Supreme(Online)(Ker) 7563

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


Advocates:
For the Appellants/Petitioners: SRI.M.P.MADHAVANKUTTY, SRI.MATHEW DEVASSI, SRI.ANANTHAKRISHNAN A. KARTHA, SMT.REMYA M. MENON, SHRI.ANOOP SATHYAN
For the Respondents: SMT.M.SANTHI, SMT.BINDU O V

O R D E R

(Dated this the 5th day of February, 2026)

The petitioner is the 1st accused in Crime No.1126 of 2021 of Pallikkathodu Police Station, which is now pending as S.C No.80 of 2022 on the file of Fast Track Special Court, Changanacherry, Kottayam. The offences alleged against him are under Sections 376 (3) of Indian Penal Code and Sections 5 (j)(ii), 5(I), 5(n) and 6 of Protection of Children from Sexual Offences Act (PoCSO Act, in short).

2. The prosecution case is that the accused with an intention to satisfy his sexual lust, made friendship with the de facto complainant, aged below 16, went to her residence on 05.12.2018 at about 10.00 p.m., and committed penetrative sexual assault upon her. It is alleged that, thereafter, he repeatedly committed penetrative sexual assault upon the victim after taking her to various places. It is also alleged that accused persons 2 and 3, inspite of knowing about the above offence, failed to report the matter to the authorities concerned.

3. According to the learned counsel for the petitioner, now the entire dispute between the petitioner and the de facto complainant was settled and that he married the victim and also that they are living h

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