XXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed by the petitioner, who is the sole accused in Crime No.714/2020 of Kaduthuruthy Police Station, under Sec. 482 of the Code of Criminal Procedure, 1973, seeking the following prayers:

(2.) Heard the learned counsel for the petitioner, learned counsel for the 3rd respondent and the learned Public Prosecutor. Perused the records, placed by the learned counsel for the petitioner, form part of the prosecution and other documents.

(3.) Here, the prosecution alleges commission of offences punishable under Ss. 354D, 450 and 376(2)(n) of the Indian Penal Code, 1860, as well as Sec. 6 r/w 5(l) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the PoCSO Act'). The allegation is that the defacto complainant and the accused, who legally effected marriage as on 19/6/2017, maintained love relationship since 2015 onwards while the defacto complainant was a minor, aged below 18 years. Further allegation is that while maintaining the relationship during the juvenility of the defacto complainant, the petitioner herein subjected her to sexual intercourse at 11.30 hours on 8/3/2015 when she was aged 16 years and 11 months and thereafter repeated the same on 9/3/2015 and 11/3/2015 at 12 midnight. The prosecution case further is that during the month of October, 2016, and thereafter during the month of June, 2017 also, she was subjected to sexual intercourse by the accused after she attained majority. This is the base on which the prosecution alleges commission of the above offences.