XXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, to quash Annexure-A Final Report and all further proceedings against the petitioner in S.C. No.286/2019 on the files of the Special Court for the trial of cases under the Protection of Children from Sexual Offences Act [hereinafter referred as 'POCSO Act' for short], Palakkad. The petitioner herein is the sole accused in the above case.

(2.) Heard the learned counsel for the petitioner, the learned Public Prosecutor, in detail. Perused the relevant materials available.

(3.) In this matter, the prosecution case is that, at about 10.15 hours on 5/6/2018, the accused, who is a married lady having a child and the neighbor of the victim, a minor boy aged 17 years, pretended love towards him and taken him to Ashraya International Hotel, Bangalore and she forced the minor victim to have sexual intercourse with her. Thereafter, at about 05.00 am on 7/6/2018, the accused abandoned her 3 year old son at Chittinlanchery. On this premise, the prosecution alleges commission of offences punishable under Sec. 317 of Indian Penal Code, under Ss. 3(c) read with 4 of the POCSO Act (wrongly stated as 3(a) read with 4 of the POCSO Act in the Final Report) and under Sec. 75 of the Juvenile Justice (Care and Protection) of Children Act, 2015 [hereinafter referred as 'JJ Act' for short] by the accused.