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SUPREME COURT OF INDIA
A.K. SIKRI, ASHOK BHUSHAN, JJ
DR. SR. TESSY JOSE AND OTHERS – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations against appellants from pocso act (Para 4 , 5) |
| 2. requirement of knowledge for liability under pocso act (Para 6 , 7) |
| 3. insufficient evidence against the appellants (Para 8 , 9) |
| 4. interpreting 'knowledge' in pocso context (Para 10 , 11 , 12) |
| 5. conclusion: quashing proceedings against appellants (Para 14) |
A.K.SIKRI, J.
“Leave granted.
We are informed that the trial is in progress today before the trial court. Since, there is not enough time to dictate the judgment, we are allowing this appeal so that the decision is conveyed to the trial court. Reasons to follow.
Signature Not Verified Digitaly signed by SUSHIL KUMAR RAKHEJA Date: 2018.08.07 Reason:
3. First Information Report under the provisions of Protection of Children from Sexual Offences Act, 2012 (For short, POCSO Act) has been registered in which charge sheet has been filed and the case registered as Sessions Case No. 460 of 2017 is pending before the Special Judge, Ernakulam. The appellants herein are arrayed as accused nos. 3, 4 and 5. Insofar as the appellants are concerned, allegations against them are under Sections 201 read with Section 34 of the Indian Penal Code (for short, ‘IPC’), Section
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