PRADEESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous case has been filed under Sec. 482 of the Code of Criminal Procedure, by the sole accused in C.P.No.72/2022 on the files of Judicial First Class Magistrate Court-I, Alathur, arose out of Crime No.584 of 2000 of Vadaakkenchery Police Station, seeking to quash Annexure- B final report and all proceedings in the above case.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused Annexure-B final report and the relevant documents.

(3.) Here the prosecution alleges offences punishable under Ss. 450 r/w 376 of the Indian Penal Code. The specific allegation is that at about 11.30 hours on 19/12/2000 the accused criminally trespassed into the residence of the defacto complainant and tied her hands. Thereafter he put cloth on the mouth of the defacto complainant and subjected her to rape despite her resistance. He had taken nude photos of the defacto complainant also. This is the base on which the prosecution alleges commission of the above offences.