MOIDEENKUTTY S/O KUNHEEN Vs. ANSAR K P

JUDGEMENT

(1.) The petitioner herein is arrayed as an accused in Crime No.192 of 2016 of Kalpakanchery Police Station registered for offence punishable under section 377 read with 34 of the IPC, Sections 5 and 6 of the Protection Of Children from Sexual Offences Act, 2012 ( herein after referred to as the POCSO Act) and under section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

(2.) The proceedings in the aforesaid crime, in so far as the petitioner is concerned, is sought to be quashed in this petition filed under section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' for brevity).

(3.) The 1st respondent submitted a statement before the coordinator of Child Line, Malappuram alleging that he was subjected to sexual abuse by two persons by name Chembu Nazar and Faisal. The said information was forwarded by the coordinator to the Police under section 19 (1) of the POCSO Act. Annexure B statement was furnished by the 1 st respondent to the Sub Inspector of Police,Kalpakancherry. Annexure C statement of the 1 st respondent was thereafter recorded and Annexure D FIR was registered. A close analysis of Annexure B and Annexure C statement would reveal that the allegation essentially is that the 1 st respondent was taken by one Chembu Nasar in a car bearing Registration No.KL 55-N16 to various places and he subjected to unnatural sex. Specific allegation is also raised against an auto rickshaw driver by name Faisal. Annexures A to D would reveal that the 1 st respondent has raised allegations only against two named persons ,i.e Chembu Nazar and Faisal . Annexure D FIR has also been registered against the aforesaid persons . On the specific allegation that the registration of the car used by the aforesaid Nasser stood in the name of the petitioner herein, he was arrested.