NAVEEN KUMAR K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in the aforecaptioned Criminal Miscellaneous case filed under Sec.482 of the Cr.P.C is as follows :

(2.) Heard Smt.K.Pushpavathi, learned counsel appearing for the petitioner, Sri.Saigi Jacob Palatty, learned Public Prosecutor appearing for the 1st respondent-State of Kerala and Sri.P.N.Anoop, learned counsel appearing for the 2nd respondent (lady victim).

(3.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.187/2018 of Badiadka Police Station, Kasaragod District, for offences punishable under Sec.376 of the Indian Penal Code ( IPC ) & Sec.5(j)(ii)(n) read with Sec.6 of the Protection of Children from Sexual Offence (POCSO) Act, 2012 on the basis of the First Information Statement (FIS) given by the 2nd respondent-lady victim, then a minor on 13.04.2018 in respect of the alleged incident, which is said to have happened on a day in November, 2017. The police after investigation, has filed the impugned Annexure-A1 final report/charge sheet in the said Crime No.187/2018 of Badiadka Police Station for the abovesaid offences and the case has now pending as sessions case S.C.No.860/2018 on the file of the I st Additional Sessions Court notified to deal with POCSO cases, Kasaragod. The date of birth of the 2nd respondent-victim is stated to be 27.01.2001 and she was of the age of 16 years at the time of the alleged incident, which happened on a day in November, 2017. The allegations in the abovesaid crime are to the effect that the petitioner then aged 20 years had sexual relationship with the 2nd respondent-victim, who was then a minor aged 16 years on a day in November,2017 and she had become pregnant on account of the said sexual relationship and that the petitioner has thereby committed the abovesaid offences.