KHALID Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is at the instance of the sole accused in Sessions Case No.1238 of 2022 on the file of Fast Track Special Court, Pattambi, for quashing Annexure-A2 final report in Crime No.500 of 2022 of Cherpulassery police station and the proceedings pursuant thereto.

(2.) The prosecution allegation is that, in March 2020, the petitioner sexually assaulted the victim girl aged 11 years by touching her private parts. In May 2021, he committed penetrative sexual assault on the minor girl inside his autorickshaw, and again on 9/7/2022, he sexually assaulted the victim by touching her chest.

(3.) According to the petitioner, he is absolutely innocent and he was falsely implicated without any rhyme or reason. The victim is a close relative of the petitioner, and only out of vengeance, a false complaint was foisted against him. According to him, during the period of alleged sexual assault on the victim girl, he was abroad. He produced Annexures A3 and A4 passports to show that, he was not available in Kerala during the alleged period of assault. So, his prayer is to quash Annexure-A2 final report and the proceedings in SC No.1238 of 2022 pending against him, before the Fast Track Special Court, Pattambi.