LAWS(KER)-2024-6-161

ALI AKBAR Vs. STATE OF KERALA

Decided On June 25, 2024
ALI AKBAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, to quash Annexure 1 Final Report and all further proceedings in S.C.No.992/2022 on the files of the Special Court under the Protection of Children from Sexual Offences Act (for short, 'the POCSO Act' herenafter), Ernakulam, arose out of Crime No.723/2022 of Kothamangalam Police Station, Ernakulam.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the relevant records.

(3.) Precisely, the prosecution allegation herein is that, at 10.00 p.m. on 20/2/2022, the accused herein subjected the de facto complainant to rape, after threatening her, stating that her nude photos and videos in possession of the accused, would be published through social media. Further, forceful carnal intercourse also is alleged to be committed by the accused on the de facto complainant. Thus, the prosecution alleges commission of offences punishable under Ss. 376(1), 376(2)(n) and 377 of the IPC and Sec. 66(E) of the IT Act.