AKHIL JOHNY Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, by the petitioner, who is the accused in Crime No.965/2020 of Vanchiyoor Police Station, Thiruvananthapuram, now pending as S.C.No.2426/2022 on the files of the Special Court for the trial of offences under the Protection of Children from Sexual Offences Act, 2012 (for short, 'the PoCSO Act' hereinafter), Thiruvananthapuram and the prayer herein is as under: Call for the records pertaining to Annexure A2 Final Report and quash the same by invoking the powers of this Hon'ble court u/s.482 of Criminal Procedure Code.

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

(3.) The prosecution allegation as narrated in FIR is that, the accused, with intention to download and share child pornography in the computer, mobile phone and hard disk owned by him, visited child pornography websites on his desktop computer and downloaded child pornography video files to his mobile phone and hard disk. This is the base on which, the prosecution alleges commission of offences punishable under Sec. 15(1) of the PoCSO Act and Sec. 67B(b) of the Information Technology Act, 2000 (for short, 'the IT Act' hereinafter).