XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous case has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash Annexure A1 FIR in Crime No.314/2024 of Tirur Police Station, Malappuram District and all further proceedings thereunder. The petitioner herein is the accused in the above case.

(2.) Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor. Perused the relevant documents produced.

(3.) In this matter, the prosecution case is that the accused herein took the de facto complainant to various places and committed sexual intercourse, on different dates. The further allegation is that, the accused misappropriated 9 sovereigns of gold ornaments and Rs.2,60,000.00 from the de facto complainant. On this premise, the prosecution alleges commission of offences punishable under Ss. 367, 342, 376(2)(n), 406 and 420 of the Indian Penal Code (for short, 'the IPC' hereinafter) and Sec. 4(2), 3(a), 6 and 51 of the Protection of Children from Sexual Offences Act, 2012, (for short, 'the PoCSO Act' hereinafter), against the accused.