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Ali Ahammed vs State Of Kerala

High Court Of Kerala · Decided on 29 September 2022 · Citation: (2022) 09 KL CK 0178

HON’BLE JUDGES
Dr Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 354(A)(i), 363, 366, 370, 376, 376(3) · Protection of Children from Sexual Offences Act, 2012 — Section 3(b), 4, 7, 8
RESULT
Disposed Of
CASE NUMBER
Transfer Petition (CRL.) NO. 51 Of 2022
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Judgment

6 paragraphs · 225 words

Dr. Kauser Edappagath, J

1.

This Transfer Petition has been filed to transfer S.C.No.1121 of 2019 on the file of the 1st Additional Sessions Court, Palakkad to the Fast Track Special Court (POCSO), Pattambi.

2.

The petitioner is the sole accused. The offences alleged against the petitioner are punishable under Sections 366, 354(A)(i) and 370 of IPC and Sections 8 r/w Section 7 of the POCSO Act. The petitioner is also the second accused in S.C.No.410 of 2020 pending on the file of the Fast Track Special Court (POCSO), Pattambi. The offences alleged against the petitioner in the said case are punishable under Sections 363, 366, 376, 376(3), 370, 354(A)(1)(i) of IPC and Section 4 r/w Section 3(b) and Section 8 r/w Section 7 of POCSO Act.

3.

According to the petitioner, the allegations in both cases are in relation to the incidents happened as part of the same transaction. It is in these circumstances, transfer has been sought.

4.

I  have  called  for  a  report  from  the  1st Additional Sessions Court, Palakkad, who reported that the case can be transferred to the Fast Track Special Court (POCSO), Pattambi.

Hence, this Transfer Petition (Crl.) is allowed. S.C.No.1121 of 2019 on the file of the 1st Additional Sessions Court, Palakkad is withdrawn and transferred to the Fast Track Special Court (POCSO), Pattambi for trial and disposal.