ASHAD Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioner is the accused in Crime No.147 of 2020 of Mukkom Police Station, Kozhikode. The above case is registered against the petitioner alleging offences punishable under Section 366, 376(2)(n) of IPC. Section 5(l) r/w.6 of Protection of Children from Sexual Offences Act (for short 'POCSO Act') is also alleged.

(3.) The prosecution case is that the petitioner and the victim girl were in love. They became friends through face book. Then one day in August, 2019 and on 15.12.2019, accused committed penetrative sexual assault on the victim. Thereafter, in the month of January, 2020 accused took the victim to Wayanad on his bike. It is alleged that the accused committed the offences. The case of the victim is that she gave consent for sexual intercourse because the petitioner promised to marry her. Subsequently, the petitioner withdrew from the same because the victim was not ready to convert to muslim community.