DEEPU B Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

(2.) The Petitioner is the accused in Crime No.263 of 2020 of Hosdurg Police Station, Kasargod District. The above case is registered against the petitioner alleging offences punishable under Section 376AB of the Indian Penal Code (IPC) r/w. Sections 6 r/w 5(m)(n) of the Protection of Children From Sexual Offences Act (POCSO Act). The petitioner is in custody from 20.6.2020 onwards.

(3.) The prosecution case is that, on 1.4.2020, the accused sexually abused a minor girl aged 4 1/2 years by touching the genital organ of the victim. It is the case of the defacto complainant, the mother of the victim girl that, the child complained about a pain on her private parts and when the defacto complainant enquired about the same, the child disclosed to the defacto complainant that the petitioner committed the above activities. The alleged incident happened on 1.4.2020. The F.I. statement was given on 12.5.2020. The petitioner was arrested on 20.6.2020.