JISHNU RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

(2.) The petitioner is the 7th accused in Crime No.82/2021 of Aloor Police Station registered alleging the commission of offence under Sections 363, 366(A), 342, 354, 354(B), 376(D), 376(2)(I)(n), 506(i), 34 IPC and Sections 4 r/w. 3(a)(b), 6 r/w. 5(g) (k)(l), 8 r/w.7, 10 r/w. 9(g), (k), (l), 17 r/w. 16 of the Protection of Children from Sexual Offences Act, 2012.

(3.) Prosecution case is that on 03.05.2020 at about 10 p.m first accused with an intention to commit rape upon the victim, who is a mentally retarded minor aged 17 years, took the victim from her house in a motorcycle with the consent of her mother-9th accused to a house under construction at Vellamchira and raped her at the sit out after illegally confining her and thereafter accused No.2 to 8 also raped the victim. On another day, in the 3rd week of May 2020, again 1st accused took the victim from her house in a 'scootty' to the same place and raped her and accused No.2 to 8 also raped the victim and on the next day also first accused took the victim from her house in an autorickshaw to the same place and all the accused committed rape and thereby accused persons committed the offence aforementioned.