XXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) Sole accused in S.C.No.998/2020 on the files of the Additional Sessions Court (PoCSO), Thiruvananthapuram, seeks quashment of the said case arising out of Crime No.960/2018 of Vanchiyoor Police Station, Thiruvananthapuram, where the accused is alleged to have committed offences punishable under Sec. 7 r/w Sec. 8, Sec. 9(l)(m)(n) and Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the PoCSO Act' hereinafter).

(2.) Heard the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent/de facto complainant. Also heard the learned Public Prosecutor, in detail.

(3.) In this matter, the allegations against the accused is that, at about 12.15 hrs. on 12/5/2018, when the accused was given temporary custody of the minor boy aged 7 years, as per the interim order of the Family Court, Thiruvananthapuram, the accused touched on the penis of the minor victim with sexual intent and made comments about the size of the penis and thereby, he committed the above offences.