M.C.THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred challenging the order in Crl.M.C. No.1472 of 2020 on the files of the Sessions Court, Ernakulam in terms of which the application preferred by the appellant who is the first accused in Crime No. 460 of 2020 of Kalamassery Police Station for regular bail has been rejected by the court.

(2.) The crime was registered initially for the offences punishable under Sections 354 and 370 of the Indian Penal code, Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015. In the course of investigation, several other offences were also attributed against the accused in the case. As things stand now, the offences attributed against the accused are under Sections 370 , 354 , 354(A)(2) , 376(2)(h) , 376(2)(k) , 376(2)(l) , 376(2)(n) and 506(ii) of the Indian Penal Code, Section 6 read with Sections 5(k) , 5(l) , 5(p) and 5(q) , Section 10 read with Section 9(k) , 9(l) , 9(p) and 9(1) and Section 8 read with Section 7 of the POCSO Act, Section 79 of the JJ Act and Section 3(1) (w), 3(1)(i), 2(v) and 2(v)(a) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act .

(3.) The essence of the case of the prosecution is that the second accused has provided the victim, a minor belonging to a Scheduled Caste and hails from Madya Pradesh to the house of the first accused during June, 2018 as a housemaid; that the victim was being employed in the house of the first accused thereafter; that while the victim was being employed in the house, the first accused has assaulted the victim sexually on various occasions. It was also alleged that the first accused used to require the victim to do hazardous jobs even after knowing that she is a minor.