NEERAJ @ AKKU Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

(2.) The petitioner is 1st accused in Crime No 372 of 2021 of Mavelikkara Police Station, Alappuzha District. The offences alleged are under sections 366A, 354, 354D r/w 34 of Indian Penal Code and under sections 7,8,11(iv) r/w 12 of Section 12 of the Protection of Children from Sexual Offences, Act (hereinafter referred to as POCSO Act).

(3.) The prosecution case is as follows; The defacto complainant's sister's daughter, who is a minor aged 16 years was found missing from 3.30 A.M on 1.05.2021 from his house, where the victim was residing. During the search conducted, the girl was found on the terrace of a residential building along with the petitioner herein. On recording the statement of the victim, it was stated by her that, she is having a love affair with the petitioner. As the mother and other family members have objected the said relationship, the petitioner asked her to meet him and accordingly as per plan made by the petitioner, she was taken from her residence during the early hours of 1.05.2021, in a scooter , with the help of the 2 nd accused, who is the friend of the 1st accused. It is also stated that, while she was along with the petitioner, he hugged her and pressed on her chest. The offence is said to have committed thereby.