XXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.48/2021 of Vanitha Police Station, Malappuram alleging commission of offences under under Sections 354 A (1) (i), 376AB of the Indian Penal Code and S.6 read with S.5 (m) (n), 10 read with S.9 (m) (n) (l), S.21 read with S.19 (1) of the Protection of Children from Sexual Offences Act.

(2.) The victim girl is the grand daughter of the petitioner's sister. Following the death of the mother of the victim girl she was staying with her grand parents. It is alleged that while she was staying with her grand parents the petitioner committed sexual assault on her

(3.) The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that since the father of the victim girl had practically abandoned the victim girl and was not paying for her maintenance, the petitioner had taken the initiative to file proceedings before the Magistrate Court claiming maintenance for the victim girl. It is submitted that pursuant to an order passed in that case the custody of the victim girl was given to her father and only on account of the animosity of the victim's father (on account of proceedings initiated at the instance of the petitioner claiming maintenance) the victim girl was forced to give a statement against the petitioner alleging that he had committed sexual assault on her. It is submitted that the petitioner has been in custody for the past 88 days and at any rate further detention of the petitioner is not necessary for the purpose of investigation into the matter.