SHANMUGHAN Vs. THE SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This is an application filed under Section 438 of the Code of Criminal Procedure.

(2.) Petitioner is the accused in crime No.913/2015 of Kodakara Police Station, which is registered for the offences under Sections 3, 5 (1) r/w 6 of the Protection Of Children from Sexual Offences Act, 2012 r/w. Section 34 of IPC.

(3.) When the application came up for hearing, learned counsel for the petitioner submitted before me that here is a case where false implication is apparent. It is also submitted before me that even though there are assertions of commission of offence under Sections 3 and 5 of the Protection Of Children from Sexual Offences Act, it is learned that, in a statement given to the learned Magistrate under Section 164 of Cr.P.C. she has not alleged or stated any penetration. It is the submission that, it is learned that there is only an allegation of attempt. It is the submission that if there is an attempt alone, then naturally, Sections 3 and 5 of the Protection Of Children from Sexual Offences Act will not come into operation. It is also the submission that nowadays the provisions are misused by persons to extract money.