XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the sole accused in crime No.595/2021 of Changanacherry Police Station, which is registered for the offences punishable u/s. 376(2)(f), 376(3) of IPC, and Sections 8 r/w.7, 4(2), 10 r/w. 9n, 6 r/w.5(n) of POCSO Act and Section 75 of Juvenile Justice Act.

(2.) Petitioner is the father of the victim girl. It is alleged that the petitioner committed penetrative sexual assault upon the victim one day in between 15.4.2021 and 02.05.2021 at about 10.30 p.m while the petitioner and the victim girl were residing in their house at Kurisumoodu, Chethippuzha near Pump House. It is alleged that while the girl was sleeping, petitioner who is the guardian and in actual control over the victim, touched on the chest of the victim and thereafter committed penetrative sexual assault upon the victim.

(3.) The defacto complainant was got impleaded at the request of the counsel for the petitioner. Adv. Girija Gopal appeared on behalf of the defacto complainant.