FASALU P.P Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C has been filed to quash Annexure A10 final report and all further proceedings pending as C.P.No.11/2019 on the file of the Judicial First Class Magistrate Court III, North Paravur against the petitioner.

(2.) The petitioner is the 8th accused in C.P.No.11/2019 which arose out of Crime No.549/2011 of Varappuzha Police Station. The 3rd respondent is the victim.

(3.) The prosecution allegation is that the victim, who was minor at the time of alleged incident, was subjected to rape by different persons on different occasions. The offences alleged against the petitioner are punishable under Ss. 366A, 372, 373, 376 r/w 34 of IPC and Sec. 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000. The petitioner was not initially arrayed as an accused. The crime was registered on 5/8/2011. The petitioner was arrayed as the 64th accused on the basis of a statement filed by the 2nd respondent. The specific allegation against the petitioner is that he committed sexual intercourse with the victim while she was a minor sometime in July, 2011 at Bangalore and thus committed the offence.