JEENO JAMES Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.1536/2019 of Aluva East Police Station which has been registered for the offences punishable under Secs. 450 and 376 of the IPC and Secs. 3A, 4, 6, 5P of the Protection of Children from Sexual Offences (POCSO), Act, 2012 and Sec.77 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The abovesaid crime has been registered on the basis of the FI statement given by the minor victim girl then aged 17 years on 11.10.2019 at about 6.50 p.m. in respect of the alleged incident which happened on 29.09.2019 at about 9.15 a.m. in the morning. The petitioner has been arrested in this case on 12.10.2019 and after his remand, has been under detention since then.

(2.) The prosecution case in short as disclosed in the abovesaid FIS is that the date of birth of the 2nd respondent/minor victim girl is 31.10.2001 and that she has completed the majority age of 18 years only on 31.10.2019. The petitioner/accused aged 25 years and the victim girl, then a minor were known to each other as they were members of the same church concerned and that earlier much prior to the day of the incident (29.09.2019), the petitioner had come to her house when she was alone and talked with her for quite some time and had left the house without any incidents. Thereafter, on 29.09.2019, the petitioner had come to her residence, when she was alone and started speaking up conversation with her and was telling her that he is about to leave for Germany in search of employment etc. That the victim had permitted the petitioner to come inside her house on that day only because his behavior in the earlier occasion was quite decent and normal etc. Further that on 29.09.2019, the petitioner had thereafter made her drink three glasses of Vodka liquor and she almost became unconscious. When she had woken up at about 2.45 p.m., she found that her dress was in a wrinkle condition and that there were blood stains in the bed sheet and that she could understand that she has been subjected to forcible sexual intercourse, when she had become unconscious due to consumption of the Vodka liquor given by the petitioner at that time. Her father is no more and she is living along with her mother and due to shame and fear, she did not want to disclose the incidents initially and later, she gathered courage and reported the matter to the Police, which led to the registration of the crime etc.

(3.) The learned counsel appearing for the petitioner would point out that the abovesaid allegations are false and fabricated. Further that, the allegations have been made only out of misunderstandings etc. Further, the learned counsel for the petitioner would point out that the petitioner has now undergone incarceration in relation to this case for the last 88 days, consequent to his remand on 12.10.2019. Further, crucially it is pointed out that investigation agency has not so far completed the investigation and it is highly unlikely that they will be able to file the final report/charge sheet in this case after completing all the procedural formalities within the next 2 days. Hence, it is pointed out that it is highly likely that the petitioner will secure the right to be released on statutory default bail going by the provisions contained in the proviso to Sec.167(2) of the Cr.P.C.