XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, to quash Annexure-I final report and all further proceedings in SC No.615/2015 on the files of the Special Court for the trial of cases relating to Atrocities & Sexual Violence against Women and Children), Thrissur, has been filed by the defacto complainant and the victim together.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor at length. Perused the records placed by learned counsel for the petitioners as well as the case diary as such produced by the learned Public Prosecutor.

(3.) On tracing the genesis of the case, this case was registered by Thrissur East Police, as per Annexure-III FIR, based on Annexure-II complaint lodged by the mother of the victim, who is the 1st petitioner herein. In Annexure-II complaint, the defacto complainant raised allegation that the accused herein, who taught dance to the victim (CW2), the 2nd petitioner herein, offered chance for the victim to act in films and reality shows and thereafter subjected the victim to sexual intercourse on the said premise. The further allegation is that the accused was a married person and in the complaint, apprehension of similar instances from the accused to other girls was also stated. The Inspector of Police, Vanitha Cell, Thrissur City, on getting Annexure-II complaint, forwarded the same to the Station House Officer, Thrissur East Police Station, for further necessary action, which led to registration of Annexure-III FIR. Later, Annexure-III was transferred to Guruvayoor police station, where Annexure-IV FIR (Crime No.775/2015), alleging commission of offence punishable under Sec. 376 of the Indian Penal Code, 1860, (hereinafter referred to as 'IPC' for short) as well as under Sec. 3 r/w 4 of the Protection of Children from Sexual Offences Act, 2013 (hereinafter referred to as 'PoCSO Act' for short), was registered. Later, the case was investigated and Annexure-I final report was filed as on 25/8/2015 alleging that the accused herein committed offences punishable under Ss. 376 and 109 r/w 34 of IPC as well as under Ss. 3 and 4 of the PoCSO Act.