ROBERT Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.3049/2021 of Neyyattinkara Police Station, Thiruvananthapuram District alleging commission of offences under Sections 341, 354(A) of the Indian Penal Code and Sec. 8 read with Sec. 7, 10 read with 9 (f), 12 read with 11 (i) of the Protection of Children from Sexual Offences Act.

(2.) The allegation against the petitioner who is stated to be running a tuition centre is that he fondled the breast of the de facto complainant who was attending tuition centre for the purpose of tuition and thereby he committed the offences alleged against him.

(3.) The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner is a 53 year old man who has been running a tuition centre for large number of years and no similar allegations have been raised in the past. It is submitted that the allegations are raised on the basis of some misunderstanding. It is pointed out that even going by the statement of the victim, the allegation is that the petitioner molested her on one occasion in the month of April 2021. It is submitted that the petitioner has been in custody from 18/12/2021 and has thus completed 42 days in custody. It is submitted that the continued detention of the petitioner is not required for the purposes of any investigation.