XXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.300/2021 of Kalikavu Police Station, Malappuram District alleging commission of offences under Ss. 341, 342, 449, 376 (2) (f), 354 (A)(2), 354 (a)(1)(i)(ii), 354(D)(ii) and 506 of the Indian Penal Code and under Ss. 6 (1) read with 5 (n) (l), 12 read with 11 (iv)(v), 10 read with 9 (n) (l) of the Protection of Children from Sexual Offences Act.

(2.) Brief facts are that the petitioner and the minor victim girl are close relatives. It is alleged that on 7/7/2021 the petitioner/accused molested the victim girl by kissing her and touching her upon her private parts. It is alleged that on a later date, on 4/8/2021, he committed penetrative sexual assault on the minor victim girl.

(3.) The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been in custody from 30/8/2021 and the investigation has been completed and a final report has been laid before the Fast Track Special Court, Manjeri and it is pending there as S.C. No.1222/2021. It is submitted that the trial of the case may not commence any time soon and the continued detention of the petitioner may be violative of Article 21 of the Constitution of India.