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2018 Supreme(Online)(SC) 2046

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.

After hearing this matter on 1st August, 2018, following order was passed:

“Leave granted.

We have heard the arguments.

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.

A copy of this order may be provided to the counsel for the parties.”

Signature Not Verified Digitaly signed by SUSHIL KUMAR RAKHEJA Date: 2018.08.07 Reason:

2. We are now stating our reasons which led us to allow the appeal of the appellants.

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 t

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