XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed under Ss. 397 and 401 of the Criminal Procedure Code (hereinafter referred to as 'Cr.P.C.' for short) and the revision petitioner impugns Annexure K order dtd. 3/6/2023 in CMP No.73/2023 in S.C.No.345/2023 on the files of the Special Court-II for the trial of offences under the Protection of Children from Sexual Offences Act ('POCSO Act' for short), Thrissur. The revision petitioner herein is the sole accused in the above case. As per the impugned order, the learned Special Judge dismissed the plea of discharge at the instance of the revision petitioner, who is the sole accused in this case.

(2.) Heard the learned counsel for the revision petitioner and the learned Public Prosecutor in detail. Perused the impugned order and the relevant documents produced along with the revision petition.

(3.) Here, the prosecution alleges commission of offences punishable under Ss. 354(B), 376(2)(f), 376(A)(B) and 506 of the Indian Penal Code and Ss. 3(b) r/w 4(2), 7 r/w 8 and 9(m)(n)(p) r/w 10 of the PoCSO Act. The prosecution case is that the accused, who is the father of the victim, on a day during the month of December, 2016, disrobed the minor victim and inserted his finger into her vagina and also pressed on her breast. Further the accused threatened the victim from disclosing the same to anybody. After investigation, final report filed, alleging commission of the above offences.