LAWS(KER)-2020-2-1

JOBIN JOSEPH Vs. STATE OF KERALA

Decided On February 06, 2020
Jobin Joseph Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is a proceedings instituted under Section 482 of the Code of Criminal Procedure for quashing the Final Report in Crime No.3343 of 2016 of Adoor Police Station, now pending trial in SC No.247 of 2017 on the files of the Additional Sessions Court - I, (Special Court), Pathanamthitta.

(2.) The petitioner is the sole accused in the case instituted upon the police report under Sections 3(a) read with Section 4 and 5(j)(ii) read with Section 6 of the Protection of Children from Sexual Offences Act. The de facto complainant in the case is the brother of the victim girl aged 17 years. The accusation in the case, in essence, is that the accused has committed penetrative sexual assault on the victim girl on various dates between March 2016 to June 2016; that the victim girl went along with the accused on 21.11.2016 and they stayed together thereafter till 23.11.2016.

(3.) Heard the learned counsel for the petitioner, the learned counsel for the de facto complainant, the victim who is now aged 19 years as also the learned Public Prosecutor.