T.AMBUJAKSHI Vs. STATE OF KERALA

JUDGEMENT

(1.) The 2nd accused in S.C.No.495/2020 on the files of Special Court for the trial of offences under the Protection of Children from Sexual Offences Act ('POCSO Act' for short), Hosdurg, has filed this Crl.M.C under Sec. 482 of the Code of Criminal Procedure seeking the relief to quash Annexure A1 final report in SC.495 of 2020 pending before Fast Track Special Court, (POCSO Act Cases), Hosdurg, against the petitioner.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the available records including the case diary produced by the learned Public Prosecutor. Also gone through the decisions placed by the learned counsel for the petitioner.

(3.) In the instant case, the prosecution alleges commission of offences punishable under Ss. 376(2)(n), 376(3), 376(2)(f) and 109 of the Indian Penal Code ('IPC' for short) as well as under Ss. 6, 6(1) r/w 5(l), 5(n), 5(j)(ii) of the POCSO Act and under Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2000 ('J.J Act' for short) by the 1st accused, who alleged to have subjected the minor victim to repeated sexual intercourse. The specific allegation against the petitioner, who is arrayed as the 2nd accused, is that the 2nd accused (doctor), who had examined the victim, though came to know about the pregnancy of the minor victim, failed to report the same to the police in tune with the mandate of Sec. 19(1) of POCSO Act and also had conducted abortion of the victim without consent. On this premise, prosecution alleges commission of offences punishable under Sec. 21 r/w 19 of the POCSO Act as well as under Ss. 312 and 313 of the Indian Penal Code ('IPC' for short) by the 2nd accused.