ASWIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed under Sec. 397 read with 401 of the Code of Criminal Procedure, 1973, challenging the order dtd. 7/6/2024 in C.M.P. No.105 of 2024 in S.C. No.357 of 2024 on the files of the Fast Track Special Court-II, Thrissur

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials available.

(3.) In this matter, the prosecution allegation is that, at about 11.00 am on 2/1/2024, the accused herein kidnapped the victim from the lawful custody of CW2 and took her to Thrissur on a motor bike bearing registration No.KL-08-BR-9863. Thereafter, the victim was taken to Apartment No.3D of Elite Enclave, bearing building No.TC35/4283 and at about 17.00 hours the accused committed penetrative sexual assault and rape on the victim aged 16 years. It is on this premise, the prosecution alleges commission of offences punishable under Ss. 363, 376(3) of IPC as well as under Sec. 3(a) read with 4(2) of the Protection of Children from Sexual Offences Act (hereinafter referred as the 'POCSO Act' for short).