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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
.......... .......... .......... – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused sought quashing of proceedings based on allegations. (Para 1 , 2) |
| 2. debate on victim's age and legal implications. (Para 3 , 4) |
| 3. court emphasized appropriate documentation for age determination. (Para 5 , 6) |
| 4. charges deemed untenable based on age verification. (Para 7) |
| 5. final order to quash the case. (Para 8) |
O R D E R
(Dated this the 2nd day of March, 2026)
The petitioners who are the accused Nos.1 and 2 in Crime No.1315 of 2025 of Pooyapally Police Station, Kollam, filed this Crl.M.C under Section 528 BNSS praying for quashing all further proceedings against them. The offences alleged against the petitioners are under Section 10 of the Prohibition of Child Marriage Act , 2006 and Section 3(a), 4, 5j(ii), 5I, 6, 16, 17 and 21 of POCSO Act and Section 376 (2)(n) of IPC .
2. The prosecution case is that the deceased victim who was the daughter of the 2nd petitioner, while she was aged 17, started living along with the 1st petitioner as his wife, with the knowledge and consent of the families of both sides, from January 2021 onwards. It is also alleged that, while so, the 1st petitioner committed penetrative sexual assault upon the deceased, she became pr
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