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2017 Supreme(Online)(KER) 41270

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
VISHNU S.S. @ UNNI – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.RAJESH P.NAIR, SMT.M.K. PUSHPALATHA, SRI.S.MOHAMMED AL RAFI

ORDER

1.This petition is filed under section 482 of the Code of Criminal Procedure .

2.The petitioner herein is the sole accused in Crime No.904/2016 of Vizhinjam Police Station registered alleging offences punishable under Sections 3 and 4 of the Protection of Children from Sexual Offences Act , 2012 and Section 313 and 376 of the IPC . The 2nd respondent is the de facto complainant.

3.The aforesaid crime has been registered on 18.6.2016 on the basis of the information given by the 2nd respondent herein. According to her, she was in love with the petitioner who was her neighbor. While she was in the 10th standard, in the year 2013, she used to work as a sales girl in a textile shop at Balaramapuram. In the month of October, 2013 as previously planned, the petitioner went to the house of the de facto complainant and they had physical relationship. She alleges that she became pregnant which ended up in an abortion. In the year 2016, it appears that the petitioner joined a company as computer mechanic and shifted to Parasala. From January, 2016 onwards, the petitioner stopped messaging and calling 2nd respondent. In February, 2016 she conducted a pregnancy test, which was positive.

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