JOY P Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.787/2020 on the files of Special Court for the trial of offences under the Protection of Children from Sexual Offences Act ('POCSO Act' for short), Ernakulam, has filed this Criminal Miscellaneous Case ('Crl.M.C' for short) under Sec. 482 of the Code of Criminal Procedure seeking to quash Annexure A1 final report in the above case arising out of Crime No.611/2020 of Elamakkara Police Station, Ernakulam City.

(2.) Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor. Perused the records placed along with this Crl.M.C and the case diary produced by the learned Public Prosecutor.

(3.) The prosecution case is that the accused with intention to sexually assault the minor girl victim, aged 9 years, so as to satisfy his lust, at about 15.30 hours on 14/10/2020 placed his head on the breast of the minor child and fondled on the chest. The further allegation is that he made attempt to touch on the vagina of the minor child by inserting his hands inside her panties. On the above premise, the prosecution alleges commission of offences punishable under Sec. 9(m) r/w 10 of the Protection of Children from Sexual Offence Act, 2012 ('POCSO Act' for short) and Ss. 354A(1)(i) and 354A(2) of the Indian Penal Code ('IPC' for short).