SUJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.M.C.No.9538/2023, is one filed under Sec. 482 of the Code of Criminal Procedure ('Cr.P.C' for short hereafter), by the petitioner/sole accused, to quash S.C.No.956/2018 on the files of the Special Court for trial of offence against women and children (Protection of Children from Sexual Offences Act (PoCSO Act), Ernakulam, arising out of Crime No.453/2017 of North Paravur Police Station, Ernakulam. Crl.M.C.No.9546/2024 also is at the instance of the same petitioner, where quashment of S.C.No.955/2018, arising out of Crime No.453/2017 of North Paravur Police Station, Ernakulam, sought for. Prayer in Crl.M.C.No.9561/2023 also is for quashment of C.P.No.37/2023 pending before the Judicial First Class Magistrate Court-I, North Paravur, arising out of the above same crime.

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

(3.) The prosecution case in S.C.No.955/2018 is that the accused, who was the driver of a Tempo Van used by the defacto complainant along with family for a tour programme to Kodaikanal, during the month of April, 2005, made intimacy with her through mobile phone and other means and thereafter with intention to commit rape on her at about 3 p.m on 17/7/2005 taken her to the tempo van bearing Registration No.KL 7A 6037 and subjected her to rape on the back seat of the tempo van. In the meanwhile, he also photographed the visuals and thereby her modesty was outraged. Accordingly, the prosecution alleged commission of offences punishable under Ss. 376 and 342 of the Indian Penal Code ('IPC' for short hereafter) as well as 66E of the I.T Act.