SHANTHEESHLAL T. Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in Crime No.911 of 2020 of Payyannur Police Station, who is alleged to have committed offences punishable under Sec. 15(1) of the Protection of Children from Sexual Offences Act (hereinafter referred to as 'POCSO Act') and Sec. 67B of the Information Technology Act (hereinafter referred to as 'IT Act') has approached this Court and filed this petition under Sec. 482 of the Code of Criminal Procedure to quash the final report mainly on the ground that the ingredients to attract the above offences have not been made out from the prosecution records.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case records in detail.

(3.) It is submitted by the learned counsel for the petitioner that tracing out the ingredients to attract offences under Sec. 15(1) of the POCSO Act and Sec. 67B of the IT Act, there must be materials showing sharing, transmission or publishing of sexually explicit act and pornographic materials in any form involving a child. According to the learned counsel, even though pornographic materials involving a child were recovered during investigation, nothing is available in the final report to see that the accused herein either shared or transmitted the same. Similarly, there is no material to show that he has published the same so as to attract penal consequences of Sec. 15(1) of the POCSO Act and 67B of the IT Act. Therefore, the final report is liable to be quashed.