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2026 Supreme(Online)(Ker) 10281

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


Advocates:
For the Appellants/Petitioners: SRI.NAVANEETH.N.NATH
For the Respondents: PUBLIC PROSECUTOR

ORDER

Dated this the 12th day of February, 2026 The sole accused in S.C. No. 633 of 2022 on the file of the Additional Sessions Court, Kottayam, arising out of Crime No. 704 of 2022 of Pallikkathode police station filed this petition under Section 528 of the B.N.S.S . praying for quashing all further proceedings against him. The offences alleged against the petitioner includes 376(2)(n) of the IPC and various provisions of the POCSO Act and the provisions of the SC/ST (PoA) act.

2. The prosecution case is that the petitioner, who is not a member of the SC/ST community, with the knowledge that the defacto complainant is a minor and a member of SC/ST community made friendship with her and committed penetrative sexually assault upon her repeatedly and thereby he is alleged to have committed the aforesaid offences.

3. According to the petitioner, this is a false case foisted against him and also that he is innocent. Further according to him, he already married the victim and they are leading a happy married life. The victim who now became major also filed an affidavit endorsing the averments in the petition and praying for quashing the proceedings against the petitioner.

4. Heard the le

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