MUHAMMED SHIRAZ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in this Writ Petition (Crl.), filed under Article 226 of the Constitution of India, essentially seeks to quash Ext.P1 FIR No.775/2021 of Aranmula Police Station, ExtP2 final report and all further proceedings in S.C.No.463 of 2021 on the file of the Additional Sessions Court-I (POCSO Special Court), Pathanamthitta. The petitioner is accused No.3 in the Sessions Case. He, along with the other accused, faces charges under Ss. 376, 376(2)(n), 450, 376(3), 366A r/w Sec. 34 of the Indian Penal Code, Sec. 4(2) r/w Sec. 3(a), Sec. 5(l) r/w Sec. 6 SEC 8 r/w Sec. 7 SEC 9(l) r/w Sec. 10 S.11(iv) r/w Sec. 12 S.16 r/w Sec. 17 of the POCSO Act and Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act.

(2.) The victim, a 14-year-old girl, was found missing on 28/7/2021. She was residing with her mother and stepfather. The stepfather, on 29/7/2021, reported the missing of child before the Police. In the information before the Police, the stepfather of the victim reported that when he came back from his place of work and enquired about the victim, his wife told him that she fell in love with a young man and she had gone with him on a scooter to introduce herself to his parents. Based on this information, the Police registered FIR No.772/2021 under Sec. 57 of the Kerala Police Act (for short, 'the K.P.Act'). The Police conducted an inquiry as provided in Sec. 57 of the K.P.Act. The Police later found the child at her residence. The child was taken to the Women's Cell at Pathanamthitta and brought to the Counselling Centre. The Counsellor attached to the Centre recorded her statement revealing that she was taken to a residence where the petitioner herein sexually assaulted her.

(3.) Heard Sri.Manu Ramachandran, the learned counsel for the petitioner and the learned Public Prosecutor.