SUNITHA C.K Vs. STATE OF KERALA

JUDGEMENT

(1.) The 2nd accused in S.C.No.982/2023 on the files of Special Court for the trial of offences under the Protection of Children from Sexual Offences Act, Palakkad, has filed this Crl.M.C under Sec. 482 of the Code of Criminal Procedure seeking to quash all further proceedings against the petitioner in the above case.

(2.) Heard the learned counsel for the petitioner/2nd accused and the learned Public Prosecutor in detail. Even though notice was served upon the 2nd respondent/defacto complainant, she did not turn up.

(3.) In this case prosecution alleges commission of offences punishable under Ss. 354A(1)(ii) and 506(i) of the Indian Penal Code ('IPC' for short) and under Ss. 8 r/w 7, 10 r/w 9(l), 9(n), 12 r/w 11(i) and 21 r/w 10 of Protection of Children from Sexual Offences Act ('POCSO Act' for short), by the 1st accused. The allegation against the 2nd accused is that she has committed offence punishable under Sec. 21 r/w 19 of the POCSO Act since she failed to inform the police regarding the occurrence even though she got knowledge of the same on 11/10/2022.