AJITH PRASAD EDACHERRY Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed under Ss. 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dtd. 2/8/2024 in Crl.M.P. No.414/2024 in S.C. No.143/2017 on the files of the Special Court for the trial of offences under the Protection of Children from Sexual Offences Act [hereinafter referred as 'POCSO Act' for short], Kasaragod. The revision petitioner herein is the accused in the above case.

(2.) Heard the learned counsel for the revision petitioner as well as the learned Public Prosecutor, in detail. Perused the impugned order and relevant records from part of the case diary placed by the learned Public Prosecutor.

(3.) The prosecution allegation in this case is that, the accused, who is none other than the teacher of St.Paul's A.U.P. School, Thrikkaripur, subjected the minor victim, studying in the 1st std., to sexual assault and when he disobeyed his command, he was beaten by the accused. The specific allegation as per the FIS and 164 statement as that of the victim is that, the accused, who is the teacher of the victim, brought the victim to the staff room and directed him to lay on his body. When the victim refused, the accused beaten on his leg and when he was called again to lay on his body, afraid of further assault, he laid on the body of the accused. Thus, the prosecution alleges commission of offences punishable under Ss. 9(f),(m) and 10 of POCSO Act and under Sec. 23 of the Juvenile Justice (Care and Protection of Children) Act [hereinafter referred as 'JJ Act' for short].