XXXX 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-5 Final Report and all further proceedings in S.C.No.315/2022 on the files of the Additional Sessions Court-I, Pathanamthitta, arose out of crime No.1273/2021 of Koipuram Police Station, Pathanamthitta. The petitioner herein is the sole accused in the above case.

(2.) Heard the learned counsel for the petitioner, the learned counsel for the victim and the learned Public Prosecutor in detail. Perused the relevant documents.

(3.) As per the prosecution allegation, the accused herein alleged to have committed offences punishable under Sec. 354A(1)(i) of the Indian Penal Code (hereinafter referred to as 'IPC' for short), under Sec. 82 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'JJ Act', for short) and under Ss. 7 r/w 8 and 9(f) r/w 10 of the Protection of Children from Sexual Offences Act (hereinafter referred to as 'PoCSO Act' for short). The specific allegation of the prosecution as per the final report is that at about 11.30 hours on 14/11/2015, the accused, who is none other than the tuition teacher of the victim, sexually molested the victim by kissing on her forehead, lips as well as by grasping on her breast from behind.