XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, to quash all further proceedings in Annexure A1 FIR and Annexure A2 Final Report in S.C.No.819/2020 on the files of the Ist Additional Sessions Court, (Special Court for POCSO), Kollam, arose out of Crime No.312/2020 of Kundara Police Station, Kollam Rural District.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the relevant records.

(3.) In this matter, the prosecution alleges commission of offences punishable under Ss. 450, 376, 376(2)(n) of the IPC and Ss. 4 r/w Sec. 3(a), 6 r/w Sec. 5(j)(ii) and 5(l) of Protection of Children from Sexual Offences Act (for short, 'the POCSO Act' hereinafter) and the prosecution allegation is that, the accused herein made an affair with the de facto complainant, promising her to marry through Tik-Tok. Thereafter, at 10.45 p.m. on a day, during the month of November 2019, the accused trespassed upon the house of the minor victim and subjected her to forceful sexual intercourse. Thereafter, before the Christmas day in the year 2019 also, the accused repeated sexual intercourse on promising marriage and later, the de facto complainant became pregnant.