(1.) The petitioner is the accused in Crime No.136/2021 of Wandoor Police Station, Malappuram District alleging commission of offences under Sections 366, 376 (2) (n) of Indian Penal Code and Section 6 and 5(1) of Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act'). Following investigation of the case, a final report has been filed before Special Court for the trial of Offences against Children (Additional Sessions Court-I), Manjeri, where offences under Sections 12, 11(2) and (4) of the POCSO Act have also been incorporated in addition to the other offences.
(2.) The allegation against the petitioner is that during the month of December, 2020, the petitioner had forced the de facto complainant to come out of her house at about 1.30 a.m. while other family members were sleeping and had sexually assaulted her. It is alleged that the de facto complainant/victim was a minor at that time.
(3.) The learned counsel for the petitioner submits, with reference to the statement given by the victim/de facto complainant, that the petitioner and the de facto complainant were in love with each other and that the petitioner is absolutely innocent of all the allegations levelled against him. It is submitted that even if incident/complaint is true, there was no sexual assault and the affair was completely consensual. It is also submitted that the petitioner has been custody from 17.7.2021 and that a final report has already been filed in the matter.