JITHIN JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, to quash Annexure 2 Final Report and all further proceedings against the petitioners, who are accused Nos.1 to 3 in SC No.103/2020 on the files of the Additional Sessions Court, Thrissur, arose out of Crime No.310/2015 of Iringalakkuda Police Station, Thrissur.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the relevant documents.

(3.) In this matter, offences punishable under Ss. 363, 370(2)(4), 370A(1), 376, 376(2)(i) and 376D r/w Sec. 34 of the Indian Penal Code (hereinafter referred to as 'IPC' for short) and Sec. 4 r/w Sec. 3(a), 6 r/w 5(g) and 17 r/w 16 of the Protection of Children from Sexual Offences Act (hereinafter referred to as 'PoCSO Act' for short) are alleged to have been committed by the accused. The prosecution allegation is that, petitioners 1 and 2 enticed a minor girl, aged 13 years from the lawful custody of her guardian from her house at 3.00 pm on 1/3/2015 and took her in a car to a nearby place. Then the car was parked on the road side and the first accused committed penetrative sexual assault on her, while the second accused waited outside the car. He thereby allegedly abetted the commission of crime by the first accused. Thereafter, they dropped the girl at another place in the custody of the third accused and he took her to Perumbavoor. There, accused Nos.3 to 6 repeatedly committed penetrative sexual assault on the victim and thereafter they handed over her to the 7th and 8th accused. They took her to another place, where they had committed sexual assault on her.