HENA KHATOON Vs. SHAHAJADHA KHAN

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, to quash Annexure.A4 common order dtd. 20/3/2024 in C.M.P. Nos.540/2024, 541/2024 and 542/2024 in S.C. No.771/2019 on the files of the Special Court for the trial of Protection of Children From Sexual Offences Act [hereinafter referred as 'POCSO Act' for short] cases (Additional Sessions Court), Ernakulam.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor. Perused the relevant materials available.

(3.) In this matter, the prosecution allegation is that the 1st accused forcefully hit the head of a three year old boy, on the wall, resulting in internal bleeding and the same caused death of the child. Accordingly, the 1st accused/1st petitioner alleged to have committed offences punishable under Ss. 302, 201 read with 34 of IPC as well as under Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 [hereinafter referred as 'JJ Act' for short]. The allegation against the 2nd accused is that he gave false information about the crime with intention to screen the 1st accused from legal punishment and thereby committed offences punishable under Ss. 118, 201 read with 34 of IPC as well as Sec. 75 of the JJ Act.