XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The order passed by the Fast Track Special Court, Thiruvananthapuram (for short, 'the court below'), dismissing an application for discharge filed by the petitioner/accused is under challenge in this Crl.R.P.

(2.) The revision petitioner is the accused in S.C.No.419/2020. The 2nd respondent is the defacto complainant/mother of the victim. The offence alleged are punishable under Ss. 6 r/w 5(f)(k)(l)(m)(p), 10 r/w 9(f) (k)(l)(m)(p), 11(iii) r/w 12 of the Protection of Child from Sexual Offences Act, 2012, Ss. 377, 506(ii) and 323 of Indian Penal Code and Sec. 75 of Juvenile Justice Act. The petitioner filed C.M.P.No.370/2021 (Annexure XXIV) before the court below seeking discharge invoking Sec. 227 of Cr.P.C. Annexure XXIV is the said petition. The court below after hearing both sides, dismissed the said petition as per the impugned order.

(3.) I have heard Sri. Pirappancode V.S.Sudhir, the learned Counsel for the petitioner, Sri.Arun Chand, the learned Counsel for the 2nd respondent as well as Sri.C.N.Prabhakaran, the learned Senior Public Prosecutor.