P.C. VARGHESE MUTHALALI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Revision petition has been filed under Sec. 397 r/w 401 of the Code of Criminal Procedure (for short 'Cr.P.C.' hereinafter) and the revision petitioner is the sole accused in SC.No.300/2021 pending before the Special Court for trial of cases under the Protection of Children from Sexual Offences Act ('POCSO Act' for short), Pathanamthitta. The revision petitioner impugns order dtd. 1/11/2022 in Crl.M.P.No.4642/2022 in S.C.No.300/2021, whereby the petition filed by the petitioner/accused to discharge him under Sec. 227 of the Code of Criminal Procedure ('Cr.P.C' for short) was dismissed.

(2.) Heard the learned counsel for the revision petitioner and the learned Public Prosecutor in detail. Perused the order impugned and the relevant documents, including final report and statement of the witnesses.

(3.) In this matter, the prosecution alleges commission of offences punishable under Ss. 7 and 8 of the POCSO Act on the allegation that when the victim boy, aged 12 years, reached the advocate office run by the accused on 10/11/2019 along with witnesses 2 and 3, the accused opened the zip of the pants worn by the victim and caught hold of his penis and made comment that the same is small as that of kids and thereby subjected the victim to sexual assault.