BENSON Vs. STATE OF KERALA

JUDGEMENT

(1.) This application for regular bail is filed under Section 439 of the Code of Criminal Procedure by the petitioner who is the accused in Crime No. 845 of 2019 of the Viyyur Police Station. In the aforesaid crime, he is accused of having committed offences punishable under Sections 363 , 370 (1), 376 and 450 of the Indian Penal Code and under Sections 3 , 4 , 5 , and 6 of the Protection of Children from Sexual Offences Act, 2012.

(2.) According to the prosecution, the petitioner is a married man. He contacted the victim, who is a child aged 14 years through social media and feigned love towards her. It is alleged that sometime in the month of July 2019, the petitioner trespassed into the house of the minor child during night hours and subjected her to penetrative sexual intercourse. It is further alleged that the petitioner continued with his acts of sexual abuse until 14.10.2019. The minor girl became pregnant. She was then abducted from lawful guardianship and she was taken to various places in the State of Tamil Nadu and Karnataka, where she was subjected to continuous sexual abuse. The beleaguered parents rushed to this Court and pursuant to directions issued, the minor child was traced out and she was permitted to go with her parents. Later, the parents had to approach this Court seeking order to terminate the pregnancy. Directions were issued by this Court and it appears that the child delivered a stillborn child. The petitioner was arrested in connection with the aforesaid crime on 13.3.2020 and has been in custody since then.

(3.) Sri.N.L.Bitto, the learned counsel appearing for the petitioner, submitted that the investigation in the aforesaid case has been completed and the final report has been laid. It is further submitted that the petitioner is aged only 24 years and he has been in custody for a prolonged period. According to the learned counsel, the earlier application filed by the petitioner was dismissed by this Court by order dated 1.7.2020. According to the learned counsel, a person on bail has a better chance to prepare or present his case than one in custody. He would also take pains to remind this Court that the fundamental postulate of criminal jurisprudence is the presumption of innocence meaning thereby that a person is believed to be innocent until found guilty. The learned counsel has also referred to the decision of the Apex court in Dataram Singh v. State of Uttar Pradesh [2018 (3) SCC 22] and it is argued that while considering an application for bail, this Court should not be carried away by the severity of the accusations. The learned counsel submits that a sympathetic view be taken and the petitioner be enlarged on bail.