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2026 Supreme(Online)(Ker) 11142

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
ABDULRAHIMAN FASARUDHEEN @ FASAR – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SRINATH GIRISH, SRI.P.JERIL BABU
For the Respondents: SR. PUBLIC PROSECUTOR

ORDER

The accused in S.C.No.1279/2017 on the files of the Additional Sessions Court for the Trial of Cases Relating to Atrocities and Sexual Violence Towards Women and Children, Kozhikode, has filed this petition under Section 482 of the Code of Criminal Procedure , 1973(in short, ‘Cr.PC’) to quash the proceedings against him in the said case. The allegation against the petitioner is that he committed the offences under Sections 366A & 376 of the Indian Penal Code , 1860 (in short, ‘ IPC '), and Sections 5 (j)(ii)(l) & 6 of the Protection of Children from Sexual Offences Act , 2012 (in short, ‘POCSO Act’).

2. The prosecution case is summarised as follows:

On 22.10.2014, the petitioner enticed the victim, a minor girl aged 14 years, to leave her residence at Vezhipur, within the limits of Thamarassery Police Station, and managed to compel her to travel to Mysore from where the petitioner took her to Nepal and indulged in sexual relationship with her in a rented room resulting in that minor girl getting impregnated and delivering a female baby. Thus, the petitioner is alleged to have committed the aforesaid offences.

3. In the present petition, the petitioner would contend that he is t

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