GOPALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the sole accused in Crime No.522/2021 of Nenmara Police Station, Palakkad District, registered under Sec. 376(AB) of IPC and Sec. 4(2) r/w Sec. 3(b) S.6(1) r/w Sec. 5(m) and Sec. 12 r/w Sec. 11(i) of the Protection of Children from Sexual Offences Act, 2012.

(2.) Prosecution case is that on 5/7/2021 at about 17.00 hrs., the accused who is a neighbour of the victim girl aged 4 1/2 years, called her near to him while she was playing in the courtyard, thereafter, with a sexual intent removed her pants and penetrated his finger in the vagina of the survivor and exhibited his private part to the survivor and thereby the accused committed the aforesaid offences.

(3.) The learned counsel for the petitioner submitted that the petitioner was arrested on 8/8/2021. It is his contention that the petitioner is totally innocent and no incident as alleged had occurred. It is also his contention that the petitioner is aged 70 years and taking into account the period of confinement he had already undergone, he seeks for bail.