XXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.528/2021 of Airoor Police Station, Thiruvananthapuram District alleging commission of offences under under Sections 376, 376A, B, 376 (2)(n), 354A (1) (i), 506 (1) of the Indian Penal Code and Section 4(2) read with 3 (b), 6 read with 5 (l)(m)(n)(p), 8 read with 7 and 10 read with 9 (l)(m)(n) of the Protection of Children from Sexual Offences Act.

(2.) The allegation against the petitioner is that the petitioner committed penetrative sexual assault on the minor victim aged 8 years and thereby committed offences under the aforesaid provisions of law. It is also alleged that the minor victim is the daughter of the petitioner born out of his relationship outside his marriage with the mother of the victim.

(3.) The learned counsel for the petitioner submitted that the petitioner is an affluent businessman having business establishments abroad and has been residing in Dubai in connection with business for the large number of years. It is submitted that the petitioner had come into contact with the mother of the victim girl when he had employed her as a house maid in Dubai and also in India. It is submitted that the mother of the victim girl had made the petitioner believe that the minor victim girl is the daughter born to her out of the relationship with him and on this pretext the petitioner had given huge amounts of money periodically to the mother of the victim girl and also to her grandmother. It is submitted that the petitioner had purchased substantial plot of land in the name of the mother of victim girl. It is submitted that a house had been constructed on the plot in question and the victim girl, her mother and the grand mother are residing in that house. It is submitted that the complaint was filed with a malafide intentions only on account of the fact that the petitioner refuses the demand of the mother of the victim girl to purchase an Innova Car for her use. It is submitted that the petitioner has been in custody from 30-09-2021 and has completed 72 days in custody. It is is submitted that further custodial interrogation of the petitioner is not necessary for the purpose of investigation into the case.