XXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner, to quash all further proceedings in S.C.No.72/2023 on the files of the Special Court under the PoCSO Act, Kozhikode, arose out of Crime No.757/2022 of Chevayoor police station, Kozhikode District. The petitioner herein is the accused in the above case.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the relevant records.

(3.) In this matter, the prosecution alleges commission of offences punishable under Ss. 354A(1)(i) of the Indian Penal Code and Sec. 8 r/w Sec. 7 of the Protection of Children from Sexual Offences Act, 2012. The case of the prosecution is that, the accused herein subjected a minor victim to sexual assault, on a day during the month of May, 2022, at noon, by grasping on her breast.