FISAL KHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in furtherance to Annexure-1 Final Report in Crime No.1267/2021 of Fort Police Station, Thiruvananthapuram, now pending as S.C. No.593/2022 on the files of the Special Court for the trial of cases under the Protection of Children from Sexual Offences Act (hereinafter referred as 'POCSO Act' for short) cases, Thiruvananthapuram. The petitioner herein is the 2nd accused in the above case as per the Final Report.

(2.) Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the relevant materials available.

(3.) In this matter, though the petitioner is arrayed as the 2nd accused, while arraying the mother of the victim as the 1st accused, the narration in the charge runs on the premise that the petitioner herein is the 1st accused. The allegation of the prosecution is that, on 8/2/2021 in Room No.151 of RP Days Inn Lodge in Kizhakkekotta, the mother of the victim and the petitioner herein, after sharing common intention, engaged in sexual intercourse, in the presence of the victim. The allegation is that, after reaching the lodge along with the victim, minor boy aged 16 years, the minor was sent to purchase some articles. When the minor returned along with the articles, at 20.30 hours and opened the door, he happened to see that, both of them were engaged in sexual intercourse, after being naked. When, the victim questioned the same, the petitioner herein abused the minor, caught hold on his neck, beat on his cheek and kicked him down. The other accused, who is the mother of the victim also shared common intention by not restraining the petitioner from doing the said overt acts against the minor. It is on this premise, the prosecution alleges commission of offences punishable under Ss. 294(b), 341, 323 and 34 of IPC, Sec. 12 read with 11(i) of the POCSO Act and Sec. 75 of the Juvenile Justice (Care and Protection) of Children Act [hereinafter referred as 'JJ Act' for short], by accused Nos.1 and 2.