SUHAIB Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1973 (Code) is filed on behalf of a child aged 13 years, who is in conflict with law, having accused of offences punishable under Ss. 342 and 377 of the Indian Penal Code, 1860 and under Sec. 3(c) read with Ss. 4, 5(m) read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act) in Crime No.238 of 2020 of Kadampuzha Police Station. The petitioner seeks to quash the F.I.R. and further proceedings in the crime.

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

(3.) The accusation against the petitioner is that he has subjected the victim boy aged 5 years to penetrative sexual assault. The learned counsel for the petitioner would submit that no prosecution of a child for an offence punishable under the PoCSO Act or sexual offence punishable under the IPC is possible inasmuch as the offender being a child, he cannot be attributed with the criminal intent to commit such an offence. Hence, what he did would not amount to an offence. It is accordingly contended that the investigation against the petitioner in the aforementioned crime is illegal and liable to be quashed.