SUNIL KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under S.482 of the Code of Criminal Procedure ( hereinafter referred to as 'the Code' ) with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings.

(2.) The petitioner herein is the sole accused in S.C.No. 463 of 2015 on the file of the Additional Sessions Court (for the trial of cases relating to Atrocities and Sexual Violence against Women and Children), Thiruvananthapuram. In the aforesaid case he faces indictment under Section 8 and 11(iv) of the Protection of Children from Sexual Offences Act, 2012.

(3.) The allegations centers around an incident which took place on 20.10.2014 at about 4.40 pm. The 3rd respondent who is the daughter of the 2nd respondent was Crl.M.C. No.8506 of 2016 travelling in a K.S.R.T.C bus in which the accused was a fellow traveler. The prosecution allegation is that the accused committed sexual assault by touching the body of the 3rd respondent.