ANOOP Vs. STATE OF KERALA

JUDGEMENT

(1.) While considering an application for regular bail in a crime alleging rape of a minor, this Court expressed its anguish at the alarming rise in the number of sexual offences committed on school children. The distress escalated on noticing that, in many instances, the perpetrators themselves were students - either minors or those who had just crossed the threshold age of majority.

(2.) The present bail application relates to an incident of aggravated penetrative sexual assault by the petitioner on a victim aged 15 who became pregnant. The victim affirmed in her statement to the police that she was in a relationship with the petitioner and that they even intent on getting married. Although attempts were made by the relatives to terminate the pregnancy, the victim insisted on continuing with it. Petitioner's family expressed their inclination to accept the victim and the child. However, the fact remains that the girl is the victim of a sexual crime, and the young boy is an alleged sexual offender. Unmindful of the consequences, they indulged in a sexual act which can result in a minimum imprisonment of 20 years for the accused.

(3.) The alarming rise in the number of sexual offences committed against school children requires introspection. Many a time, the perpetrators are youngsters. Young children indulge in such offending acts for manifold reasons varying from pre-planned crimes to natural inquisitiveness of adolescence and some arising out of amorous relationships. At times the sexual acts are committed with the belief that the consent of both partners is sufficient to absolve them from the crime. By the time they realize their assumptions to be mistaken notions, it is too late in the day, and the situation becomes destructive, leading to very inconvenient results and beyond any remedial measures.