IVIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, to quash Annexure A1 FIR and Annexure A2 Final Report in S.C.No.2410/2023 on the files of the Special Court under the Protection of Children from Sexual Offences Act (for short, 'the POCSO Act' hereinafter), Thiruvananthapuram, arose out of Crime No.862/2023 of Kadinamkulam Police Station, Thiruvananthapuram District.

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

(3.) In this matter, the prosecution alleges commission of offences punishable under Sec. 377 of the IPC, Ss. 3(a)(d) r/w Sec. 4(2), 5(l)(p) r/w Sec. 6, 7 r/w Sec. 8, 9(l)(p) r/w Sec. 10 of the Protection of Children from Sexual Offences Act (for short, 'the POCSO Act' hereinafter) and Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, 'the SC/ST Act' hereinafter). The prosecution allegation is that, the accused, who was the dance teacher of the victim, belongs to Christian community (not Scheduled Caste or Scheduled Tribe) brought the minor boy, who belongs to Hindu Panan community of Scheduled Caste and subjected him for carnal sexual intercourse on 1/9/2019. Thereafter, on a day before 25/12/2019 and on several subsequent days, the accused brought the boy to his rented house at Pukayilathoppu and continued carnal sexual intercourse with him. Later, on a Saturday, during October, 2021, the accused brought the victim in a scooter, bearing Registration No.KL 22 L 2667 to Vellanikkal Rock within the limits of Pothencode police station and subjected him for oral sex. The overt acts continued on several other days till 2/7/2023. This is the base, on which, the prosecution alleges commission of the above offences.