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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
.......... .......... .......... – Appellant
Versus
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA – Respondent
| Table of Content |
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| 1. accusations involving children can be complex and are affected by personal relationships. (Para 2 , 3) |
| 2. marriage can impact the decision to quash criminal proceedings. (Para 4 , 5) |
| 3. continued prosecution against a married accused may lead to injustice. (Para 6 , 7) |
| 4. judicial recognition of personal circumstances can influence legal outcomes. (Para 8 , 9) |
ORDER
Dated this the 10th day of February, 2026 The petitioner is the accused in S.C No. 1054 of 2023 on the file of the Fast Track Special Court, Hosdurg in Crime No. 794 of 2023 of Nileswar police station. The offences alleged against him are under Sections 3 76 (1), 354A(1)(i), 354(D)(1), 363 of Indian Penal Code and Sections 3 , 10, 4(1), 9l, 12 and 11(v) of Protection of Children from Sexual Offences Act (PoCSO Act, in short).
2. The prosecution case is that the accused made friendship with the defacto complainant, aged 17, took her to various places and committed penetrative sexual assault, took her nude photographs and videos and sent the same to the mobile phones of his friends and thereby he is alleged to have committed the aforesaid offences.
3. According to the petitioner, this is a false case foist
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