XXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, to quash the Final Report in S.C. No.1387 of 2022 on the files of the Fast Track Special Court, Parappanangadi arose out of Crime No.599/2022 of Thenhipalam Police Station, Malappuram. The petitioner herein is the sole accused in the above case.

(2.) Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the relevant materials available.

(3.) In this matter, the prosecution case is that, at about 14.30 hours on 30/9/2022, the accused herein seduced and kidnapped the minor victim to a place near the house of one Abdul Salam Chokli and subjected the minor victim to sexual intercourse on the promise of marriage and as a result of the sexual assault at the instance of the accused, the minor victim became pregnant. On this premise, the prosecution alleges commission of offences punishable under Ss. 363 and 376 (2)(n) of Indian Penal Code and under Ss. 6(1) read with 5(l), 5(j)(ii), 12 read with 11(iv) and 11(vi) of the Protection of Children from Sexual Offences Act [hereinafter referred as 'POCSO Act' for short].