NARAYANAN P.V. 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 1 FIR, Annexure VII Final Report and all further proceedings thereof in S.C.No.1147/2016 on the files of the Special Court under the Protection of Children from Sexual Offences Act (for short, 'POCSO Act' hereinafter), Kozhikode, arose out of Crime No.661/2016 of Nallalam Police Station, Kozhikode. Respondents are State of Kerala and the defacto complainant.

(2.) Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant. Perused the relevant records.

(3.) Here the prosecution alleges commission of offences punishable under Sec. 7 r/w Sec. 8 of the POCSO Act by the accused. The specific allegation is that, when the victim met the doctor at 7.30 p.m on 12/7/2016 for treatment, on the pretext of clinical examination with sexual intent, the accused put his hand inside the churidar of the minor victim and pressed on her both breasts and after lifting the top of the churidar and lowering the panties, he pressed on the vagina of the victim and thereby the accused committed the above offences.